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

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

What the court decided

AI extract

Outcome

Applicant Neeraj to be released on bail in Case Crime No. 475 of 2021 (Sections 147, 148, 323, 452, 436, 304 IPC, P.S. Jahangirabad, District Bulandshahar) on furnishing a personal bond and two heavy sureties each in the like amount, subject to conditions including non-tampering with evidence, non-pressurising/intimidating prosecution witnesses, appearance before the trial court on fixed dates, abstention from similar offences, and no inducement/threat/promise to dissuade disclosure; on breach, prosecution free to move bail cancellation before this Court.

Issue for consideration

Whether applicant Neeraj, involved in Case Crime No. 475 of 2021 under Sections 147, 148, 323, 452, 436, 304 IPC, Police Station Jahangirabad, District Bulandshahar, is entitled to bail.

Court's answer

Considering the nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties, and the fact that the identically placed co-accused have already been released on bail by this Court, and without expressing any opinion on the merits of the case, the Court held it is a fit case for bail.

Ratio / Principle

The bail application is allowed; the applicant is to be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (non-tampering with evidence, non-intimidation of prosecution witnesses, appearance before the trial court, commission of no similar offence, and no inducement/threat/promise to persons acquainted with the facts), failing which the prosecution may move for cancellation of bail.

Detailed headnote1 paragraphs

Bail — Parity with co-accused — Allowance. The High Court of Judicature at Allahabad (Om Prakash-VII, J.) allowed the bail application of Neeraj, involved in Case Crime No. 475 of 2021 under Sections 147, 148, 323, 452, 436, 304 I.P.C., Police Station Jahangirabad, District Bulandshahar, and in jail since 17.11.2021. Relying on the fact that identically placed co-accused — Sonwati Devi, Smt. Geeta, Vijay Pal, Neetu and Chattarpal — had already been released on bail by coordinate Benches (Criminal Misc. Bail Applications Nos. 29255, 29721, 32557, 32843 and 33018 of 2021, orders dated 29.10.2021, 29.10.2021, 27.10.2021, 23.12.2021 and 13.9.2021 respectively), and considering the nature of offence, evidence and complicity of the accused, the Court held it a fit case for bail without expressing any opinion on the merits. Release directed on furnishing a personal bond and two heavy sureties each in the like amount, subject to usual conditions; breach entitles the prosecution to seek cancellation before the Court. Order dated 8.2.2022.

Court No. - 53

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2286 of 2022

Applicant :- Neeraj Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash-VII,J.

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

It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. He has not committed any offence. Nothing incriminating has been recovered from the possession or pointing out of the applicant. It is further contended that co-accused Sonwati Devi, Smt. Geeta, Vijay Pal, Neetu and Chattarpal have been allowed on bail by coordinate Benches of this Court vide orders dated 29.10.2021, 29.10.2021, 27.10.2021, 23.12.2021 and 13.9.2021 passed in criminal misc. bail applications no.29255 of 2021, 29721 of 2021, 32557 of 2021, 32843 of 2021 and 33018 of 2021 respectively. He further submits that since the role of applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. It is further submitted that applicant has no criminal history. He is languishing in jail since 17.11.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail.

Considering the nature of offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that the identically placed co-accused have already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

Let the applicant Neeraj involved in Case Crime No.475 of 2021, under Sections 147, 148, 323, 452, 436, 304 I.P.C., Police Station Jahangirabad, District Bulandshahar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

The applicant will not tamper with the evidence during the trial.

The applicant will not pressurize/ intimidate the prosecution witness.

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions,the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 8.2.2022 / ss

Digitally signed by SANDEEP SHARMA Date: 2022.02.16 17:36:32 IST Reason: Location: High Court of Judicature at Allahabad