This judgment grants bail to Satish, an accused in a murder case. The Court noted the penalty of punishment alleged against him and found that the accused made out a case for bail, allowing him to be released on furnishing a bond and conditions.
Release on bail with a personal bond and two local sureties.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54671 of 2022
Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Bhavesh Singh Jadaun,Satya Dheer Singh Jadaun
Counsel for Opposite Party :- G.A.,Pramod Kumar Dwivedi
Hon'ble Mrs. Manju Rani Chauhan,J.
The case is taken up in the revised call.
Mr. Mayank Singh, Advocate filed Vakalatnama on behalf of the informant in Court today, is taken on record.
Supplementary affidavit on behalf of applicant has been filed in Court today, which is taken on record.
Heard Mr. Satya Dheer Singh Jadaun, learned counsel for applicant, Mr. Mayank Singh, learned counsel for the informant and Mr. Pankaj Srivastava, learned Additional Government Advocate appearing on behalf of State and perused the record.
The instant bail application has been filed on behalf of the applicant, Satish with a prayer to release him on bail in Case Crime No.100 of 2022 under Sections 302, 504, 120-B I.P.C., P.S. Sasni Kotwali, District Hathras.
As per contents of first information report, the incident is said to have occurred on 08.05.2022 at about 10.00 P.M. when informant's husband is said to have been shot dead by one Krishna Kumar @ Kanha. It has been alleged that informant's husband was leaving Satish's house by parking a tractor.
Learned counsel for applicant submits that applicant has been falsely implicated in the present case. Applicant is not named in the FIR. He further submits that in the FIR itself, role of firing has been assigned to Krishna Kumar @ Kanha due to which informant's husband died. He further submits that applicant has been taken into custody only on the basis of suspicion cast upon him on the basis that he restrained the first informant from approaching her injured husband with a statement that the matter pertained to a police case and, therefore, she should not approach the injured. It is submitted that there is no direct or even indirect evidence against applicant.
He further submits that co-accused of this case namely, Kushalpal Singh having similar role has been granted bail by the co-ordinate bench of this Court, vide order dated 13.12.2022 in Criminal Misc. Bail Application No.54668 of 2022, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 12.09.2022. He further submits that applicant has criminal history of two cases, which have been explained in supplementary affidavit. 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.
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.
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.
Let the applicant- Satish 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:-
(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.
(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.
(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.
(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.
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.
Order Date :- 19.12.2022 Rahul.
Digitally signed by RAHUL GOSWAMI Date: 2022.12.21 17:00:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail under Section 35(1)(a)(ii) of the Cr.P.C., given the allegations involve murder and public nuisance.
5 provisions across 2 enactments
Satish
State of U.P.
Manju Rani Chauhan
Rahul Goswami
As recorded by the court registry
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