Allowed

Dr. Bhagawat Prasad v. State of U.P.

Allahabad HC6 Jun 2022BAIL/22802/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 302, 201 IPC, the High Court allowed the applicant's prayer, noting complicity from circumstantial evidence but lack of forensic report, and ordered release on personal bond with local sureties subject to specific safeguards against tampering and absence.

What did the court decide?

Applicant to be released on bail by furnishing a personal bond and two local sureties.

Dr. Bhagawat Prasad Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22802 of 2022

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Applicant : Dr. Bhagawat Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Jha,Amit Daga Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.205 of 2021, under Sections 302, 201 I.P.C., Police Station Poonchh, District Jhansi.

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Learned counsel for the applicant submits that applicant is not named in the FIR and case is based on circumstantial evidence except confessional statement as well as blood spot found on the back seat cover and mat of Maruti car 800 of the applicant. He further submits that no evidence of forensic report till now is available and as per prosecution case car went and returned back but there is no evidence with regard to having deceased or applicant in the car. He next submits that as per FIR on 23.12.2021 deceased went on 21.12.2021 he was informed that a dead body of a lady has been found near the highway and as per statement of the witness Jandail Singh and Badri Vishal deceased was seen on 18.12.2021 at the bus stand by demanding money from tempo drivers and as per CCTV footage on 19.12.2021 in the night at about 8:59 hours white colour car 800 came to the house of the applicant and went towards Fatehpur apart from this there is no evidence against the applicant. There is no evidence of last seen. He further submits that applicant has been falsely implicated in the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 23.12.2021.

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Per contra, learned A.G.A. opposed the bail prayer of the applicant by contending that as per statement of Surendra Kumar, informant Kamlesh and Jitendra @ Jitu blooded seat cover and mat has been recovered from the car of the applicant, therefore, he does not deserve any benevolence.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, complicity of the applicant from the evidence collected during investigation and no forensic report is available till now with regard to the blood found on the seat cover and mat of the car of the applicant, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let applicant Dr. Bhagawat Prasad involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 6.6.2022

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m.a.

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Digitally signed by MOHAMMAD AYYUB Date: 2022.06.08 10:34:53 IST Reason: Location: High Court of Judicature at Allahabad

Dr. Bhagawat Prasad v. State of U.P.

Case brief

What is this about?

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Dr. Bhagawat Prasad v. State of U.P.

Case brief

What is this about?

What did the court decide?

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