Vilal v. State of U.P.
Case brief
What is this about?
Court allowed bail application challenged in a murder case. Applicant claimed innocence, disputed false implication and planted evidence. Court, without expressing an opinion on merits, found a case made for bail.
What did the court decide?
The applicant was released on bail by furnishing a personal bond and two sureties each of an amount satisfactory to the court.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 575 of 2022
Applicant :- Vilal Opposite Party :- State of U.P. Counsel for Applicant :- Amit Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Compliance affidavit filed today by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, 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 Rajesh and Rohitash Kumar on 2.10.2021 at about 5 p.m. near the temple located at village Khagae Nagar when they were returning to their home from Bahedi after selling wood, regarding which an F.I.R. was lodged against unknown person on 3.10.2021 and the name of this applicant was brought into light during investigation on the basis of statements of Bhagwandas and Anuj Kumar. Further submitted that incident took place on 2.10.2021 and inquest was also conducted on the same day. Both persons namely Bhagwandas and Anuj Kumar were witnesses of inquest but they did not disclose the name of this applicant at that time where as F.I.R. was lodged on the next day. It is also submitted that after seven days of the alleged incident this applicant was arrested by the police and false recovery of a countrymade pistol and passbook belonging to the deceased was planted by the Investigating Officer. There is no any evidence on record to show the complicity of this applicant in commission of murder of the deceased. One countrymade pistol was said to be found at the place of occurrence which was sent to F.S.L. for ballistic expert opinion regarding which no report has been produced till now. In this way, involvement of this applicant is not established. He is languishing in jail since 10.10.2021, having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
3 issues framed by the court
Whether the applicant, implicated in a murder case, is entitled to bail on the grounds of innocence and lack of evidence.
Whether the applicant will mis utilise the liberty of bail.
Whether the applicant has any criminal antecedents.
Parties & counsel
- applicant
Vilal
Coram
Subhash Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/575/2022
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