In a bail application regarding a murder case, the High Court allowed the applicant's bail citing merit in counsel's submissions that evidence was circumstantial and the applicant was falsely implicated. The order discharged the applicant on bond.
Applicant Awadhesh enlarged on bail in crime No. 378 of 2021 on furnishing 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. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8536 of 2022
Applicant :- Awadhesh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Badan Maurya Counsel for Opposite Party :- G.A.,Manav Chaurasia,Pramod Kumar Srivastava
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 378 of 2021 at Police Station Karhal District Mainpuri under Sections 302, 201 IPC. The applicant is in jail since 18.01.2022.
The bail application of the applicant was rejected by learned Sessions Judge, Mainpuri on 07.02.2022.
Shri Ram Badan Maurya, learned counsels for the applicant contend that the applicant has been falsely implicated in the instant case.The deceased went missing on 28.10.2021. The missing report was got registered by the informant-father of the deceased on 30.10.2021 wherein the applicant was not nominated as an accused. The body of the deceased was recovered on 31.10.2021 and the F.I.R. was also registered on 31.10.2021. The applicant has been named in the F.I.R. on the basis of suspicion and conjunctures. There is no direct evidence against the applicant. This is at best a case of circumstantial evidence. The two witnesses
claim to have seen the applicant in the company of the deceased in the evening of 28.10.2021. The postmortem which was conducted on 01.11.2021 opines that the time of death is between 3-5 days. The deceased was not last seen in the company of the applicant at a time proximate to the death of the deceased. The chain of incriminating circumstances is not complete. No incriminating article which can be connected with the crime has been recovered from the applicant. The applicant has been nominated only to leverage the criminal proceedings in a civil dispute. The applicant had no motive to commit the murder. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.
Shri I. P. Srivastava, learned AGA for the State and Shri Pramod Kumar Srivastava, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Awadhesh be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 13.7.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.07.13 14:40:19 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail on the ground of false implication in a murder case.
Whether the chain of incriminating circumstances is complete against the applicant.
Whether the applicant has any criminal history prior to the instant case.
Awadhesh
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
