This judgment grants bail to the applicant in a murder case under Section 302 IPC. The court allowed the prayer recognizing the material and circumstances, subject to specific conditions regarding attendance and undertaking.
Applicant released on bail upon furnishing personal bond and two local sureties, subject to undertaking to attend court.
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. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54819 of 2022 Applicant :- Devendra Sachan @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Kundan Rai,Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Kundan Rai, learned counsel for applicant, Mr. V.K. Singh Parmar, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of the applicant Devendra Sachan @ Chhotu with a prayer to enlarge him on bail in Case Crime No. 016 of 2022, Session Case No. 778/2022, under Section 302 IPC, P.S. Baraur, District Kanpur Dehat during pendency of trial.
As per the prosecution version, an FIR has been lodged by mother of the deceased on 19th March, 2022 at about 20:27 hours, it has been alleged that on 19th March, 2022 at about one o'clock when her son namely Shivam Sachan was going to purchase something at Pukhraya, on the way at village Saidapur he was murdered. An information was received to the informant on her phone that as many as three accused persons have assaulted the deceased by sharp edged weapon regarding money for alcohol, which has resulted in death of the deceased.
Learned counsel for applicant submits that the applicant has been falsely implicated in the present case. After investigation charge sheet has been submitted only against the applicant which goes to falsify the entire version of the prosecution as participation of other accused persons have not been found. He has also placed the post mortem report which shows that the deceased has sustained four injuries of lacerated wound, which cannot be from a sharp edged weapon. There is no credible evidence to show the involvement of the applicant in the present case and the recovery of danda from the applicant is false and planted. He further submits that applicant has no criminal history. There is no possibility of his fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 22.03.2022 and in case he is enlarged on bail, he will not misuse the liberty of bail. Hence, bail has been prayed for.
Per contra, learned A.G.A. has opposed the prayer for bail by
contending that innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by 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 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 are 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 :- 2.12.2022/Arti
Digitally signed by ARTI SHARMA Date: 2022.12.03 15:56:20 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant made out a case for bail in a murder trial pending.
4 provisions across 2 enactments
Devendra Sachan @ Chhotu
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
