Allowed¶12

Sagar v. State of U.P.

Allahabad HC20 Dec 2022BAIL/22923/2022

Case brief

AI extract

What is this about?

Bail granted; murder (Sections 302 I.P.C.), Case Crime No.077 of 2022, P.S. Budhana, District Muzaffarnagar; FIR by deceased's brother against unknown person dated 09.03.2022; CDR-based suspicion and non-bloodstained Favda recovery urged by defence; applicant in custody since 13.03.2022; Allahabad High Court, Manju Rani Chauhan, J., order dated 20.12.2022; release on personal bond with two local sureties; conditions referencing Sections 229-A and 174-A IPC and Sections 82 and 313 Cr.P.C.

What did the court decide?

Applicant Sagar to be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the conditions set out in paragraphs 14 to 17 of the order. ¶12

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Sagar, arraigned in Case Crime No.077 of 2022 under Sections 302 I.P.C. (Police Station Budhana, District Muzaffarnagar), should be released on bail during pendency of trial.

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Court's answer

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of learned counsel for the parties, the Court held that the applicant has made out a case for bail and allowed the bail application.

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Ratio / Principle

The applicant Sagar is to be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned.

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Key takeaways

Bail is subject to conditions: an undertaking not to seek adjournments when witnesses are present; presence before the trial court on each date personally or through counsel, failing which proceedings may be initiated under Section 229-A IPC; on misuse of bail and failure to appear after proclamation under Section 82 Cr.P.C., proceedings under Section 174-A IPC; and personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.ratio¶16
Observations made in the order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.obiter¶18

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Manju Rani Chauhan, J.; order dated 20.12.2022) allowed the bail application of Sagar, applicant in Criminal Misc. Bail Application No. 22923 of 2022, arraigned in Case Crime No. 077 of 2022 under Sections 302 I.P.C., Police Station Budhana, District Muzaffarnagar. The FIR was lodged on 09.03.2022 by the brother of the deceased against unknown person after a missing report of 08.03.2022; the deceased's motorcycle and body were found in a pool of blood in a closed house. Defence submissions noted reliance only on Call Detail Records and recovery of a non-bloodstained Favda, and that the applicant had no previous criminal history and was in jail since 13.03.2022. Holding that the applicant had made out a case for bail, the Court directed release on a personal bond with two local sureties of the like amount, subject to conditions including an undertaking not to seek adjournments when witnesses are present, presence before the trial court, and liability to proceedings under Sections 229-A and 174-A IPC and Sections 82 and 313 Cr.P.C. in case of default; observations were confined to disposal of the bail application.

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22923 of 2022

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Applicant :- Sagar Opposite Party :- State of U.P. Counsel for Applicant :- Shams Uz Zaman,Akash Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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The case is taken up in the revised call.

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Heard Mr. Akash Tomar, learned counsel for the applicant and Mr. Rakesh Soni, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Sagar with a prayer to release him on bail in Case Crime No.077 of 2022, under Sections 302 I.P.C., Police Station-Budhana, District-Muzaffarnagar, during pendency of trial.

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As per prosecution version, the FIR has been lodged by brother of the deceased against unknown person on 09.03.2022 at 12:45 hours alleging therein that on 07.03.2022 at about 10:00 A.M., informant's brother left his home stating that he will return by the evening. When he did not return till 8 O'clock, his wife called him, on which he stated that he would return within an hour. After the aforesaid time, when the deceased did not return, the family members tried to contact him at 2:00 P.M. but his phone was switched off, therefore, a missing report was lodged on 08.03.2022. It has been further detailed that on 09.03.2022 at about 9 A.M., when Neha, daughter of the deceased, went along with Vikas nephew of the deceased for searching the deceased, they found the motorcycle and body of the deceased in a pool of blood in a house which was closed.

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Learned counsel for the applicants submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Apart from the Call Detail Record (CDR) there is nothing on record to show that the applicant was along with the deceased at the time of incident. Recovery of one Favda has also been shown on the pointing out of the applicant, which is not blood stained and hence does not connect with the incident. Apart from the suspicion on the ground of CDR, there is nothing on record to show the involvement of the applicant in the murder of the deceased. As the applicant and deceased used

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to carry out some business together, therefore, applicant has been falsely implicated by the informant in the present case. The Investigating Officer has collected CDR from which it cannot be said that the applicant and the deceased were together at the time when the incident took place. The applicant is languishing in jail since 13.03.2022. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Sagar involved in 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 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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(ii) 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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(iii) 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 in such proclamation, 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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(iv) 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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date:- 20.12.2022

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Rahul.

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Digitally signed by RAHUL GOSWAMI Date: 2022.12.22 17:11:45 IST Reason: Location: High Court of Judicature at Allahabad

Sagar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sagar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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