This judgment allows a bail application filed by an accused charged under Sections 302 and 120-B IPC. The court held that the applicant had made out a case for bail, granting release subject to standard conditions while declining to express an opinion on the merits.
Release of the applicant on bail on furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31807 of 2022
Applicant :- Prabhakar @ Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.,Alok Singh
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, Sri Alok Singh, 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 for causing murder of the deceased, mother of the informant who lodged the F.I.R. against unknown persons. Allegedly the mother of the informant used to rise at 5 a.m. but on the date of incident she did not rise in the morning when informant reached to the place where she was lying, he saw her dead. He called his neighbour Sunil and gradually other residents of the village assembled there. At this F.I.R. was lodged by the informant at the police station on the same day. During investigation, the name of this applicant was brought into light by the Investigating Officer on the basis of information provided to him by Mukhbeer Khas that there was illicit relation between this applicant and one Madhu which was seen by the deceased that was the reason, this applicant committed her murder with an axe and at the instance of this applicant axe was recovered from an open field after nine days of the alleged occurrence having no any blood stain. Further submitted that there is no evidence on record to establish the complicity of this applicant with the commission of murder of the deceased. It is also submitted that C.D.R. collected by Investigating Officer shows that there was conversation between this applicant and Madhu and location of this applicant was also in the same village but on the basis of location and conversation between this applicant and Madhu, it cannot be said that this applicant had committed the murder of the deceased. Even the witness Sunil has also expressed suspicion that this applicant committed murder of the deceased. He was present just after the incident on the place of occurrence but nothing was disclosed in this regard to the informant. In this way, story as narrated by Sunil can also not be said to be reliable. He is languishing in jail since 25.4.2022 and criminal history of one case has been explained. 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 illicit relation between this applicant and Madhu which was seen by the deceased that was the reason, he 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 Prabhakar @ Bablu involved in Case Crime No. 98 of 2022, under Sections 302, 120-B I.P.C., P.S. Eka, District Firozabad 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 :- 7.9.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.09.12 14:50:13 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail is maintainable for the applicant charged with murder under Sections 302 and 120-B IPC.
Whether the applicant made out a prima facie case for grant of bail despite the nature of the offence.
1 provisions across 1 enactments
Prabhakar @ Bablu
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
