Hon'ble Subhash Chandra Sharma, J., allowed bail to Raj Kumar in a murder case. The court noted the lack of evidence connecting the applicant except for an extrajudicial confession and that the applicant had no criminal antecedents.
Released on bail on furnishing a personal bond and two sureties each subject to standard conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30684 of 2022
Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It is submitted that the applicant has been falsely implicated in this case with the allegation that he has committed murder of the son of the informant on 18.03.2022. In this regard, an FIR was lodged on 21.03.2022 after three days of the incident without any explanation against unknown persons. It is further submitted that during investigation, the name of the applicant was brought into light on the basis of statement of informant and other witnesses who were planted later on. A false story was developed that the daughter of the applicant was in love affair with the deceased and that was the reason the applicant along with other co-accused persons committed murder of the deceased. It has also been submitted that the deceased prepared a video footage of illicit relation of the daughter of the applicant, but no any video footage has been recovered or brought on record. There is no evidence on record to connect this applicant with the commission of murder of the deceased except extra judicial confession. Nothing has been recovered from the possession or pointing out of the applicant.
The learned counsel for the applicant has next submitted that applicant has no criminal antecedent and he is in jail since 22.03.2022 therefore, requested for bail. In case he released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of allegations, evidence, 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 Raj Kumar involved in Case Crime No. 131 of 2022, under Section 302 I.P.C., Police Station Faridpur,
District Bareilly, 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 :- 6.8.2022 v.k.updh.
Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.08.18 11:36:17 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a case for bail in a murder charge.
1 provisions across 1 enactments
Raj Kumar
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
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