In a bail application concerning a murder charge under Section 302 IPC, the court allowed the plea. Finding the applicant likely falsely implicated and noting lack of complicity evidence without adjudicating merits, the court granted bail subject to standard conditions.
Release on bail by furnishing a personal bond and two sureties in like amount.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29270 of 2022
Applicant :- Vipin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, Sri Rohit Shukla, learned counsel for complainant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case on the basis of suspicion. The F.I.R. was lodged against unknown persons for committing the murder of daughter of informant aged about 17 years who missed from the house on 28.1.2022 and her dead body was found on 29.1.2022 at about 6 a.m. in ditch having injuries on her person. During investigation, the name of this applicant was surfaced in the statement of mother & sister of deceased who expressed suspicion against this applicant on the basis of a video relating to affair of the deceased with this applicant and Praveen with whom marriage was proposed to be solemnized. Further submitted that it is unnatural that parents will get asleep even after knowing their child to have been lost. Though, the fact regarding affair between the deceased and this applicant was in the knowledge of the informant, his wife and other members of the family but no name of this applicant was disclosed in the F.I.R. It indicates that after deliberation and concoction the name of this applicant has been brought into light. During postmortem antemortem injuries were also found on her person but death was caused as a result of throttling. It is also submitted that a brick said to be used in causing the murder of the deceased has been shown to be recovered at the instance of this applicant by Investigating Officer but death was as a result of throttling which can not be done with brick. Other injuries in the nature of abrasion on the body of the deceased also indicate that those injuries were not caused by brick. There is no other evidence on record to establish the complicity of this applicant in committing the murder of the deceased. There is no criminal history against the applicant. He is languishing in jail since 30.1.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for complainant as well as learned AGA opposed the prayer for bail and urged that there was relation between deceased & this applicant and marriage of the deceased was engaged by the parents of the deceased with Praveen that was the reason, this applicant has committed the murder of the deceased, therefore, he is not entitled for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vipin Kumar involved in Case Crime No. 55 of 2022, under Section 302 I.P.C., P.S. Jait, District Mathura be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
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 :- 5.8.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.08.06 17:30:30 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail in a murder case under Section 302 IPC.
Whether the material on record prima facie indicates false implication warranting bail without expressing opinion on merits.
1 provisions across 1 enactments
Vipin Kumar
State of U.P.
Subhash Chandra Sharma
Anurag Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
