AHC rejected bail application for accused in murder case. Court found no good ground for bail due to gravity of offence, complicity indicated by children, and recovery of weapon from applicant's premises. Application dismissed.
Bail application rejected; applicant remains in custody.
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Neutral Citation No. - 2023:AHC:132161
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22972 of 2023
Applicant :- Ajay Bhadauria Opposite Party :- State of U.P. Counsel for Applicant :- Shikher Trivedi,Harshit Srivastava,Kartikeya Saran Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
(panchayatnama) of the body of deceased was conducted. In the opinion of the witnesses of inquest (panch witnesses), the nature of death of deceased was established as homicidal. Subsequent to above, post-mortem of the body of deceased was conducted. In the opinion of Autopsy Surgeon, the cause of death of deceased was shock and haemorrhage as a result of ante-mortem injury.
1. I/w 7cm x 4 cm (bone deep) with mussel cut over left side Annt. of Neck 4 cm below left mandible left side muscles & Vaseulative cut. Margin one inverted clear-cut.
2. I/w 1CM x 0.5 cm (Muscle Deep) over left side back of neck, 9 cm below left ear Margin of Liner in inverted & clear-cut.
3. I/W 11cm x 4 cm over back of left forearm & elbow joint (bone deep)
4. Liver abrasion 2cm x 0.1 cm on left side face, 1cm. below left ear.
5. I/w 2cm x 0.5 cm (bone deep) over left side back of chest, 25 cm bdlow left scapula.
6. I/w 2cm x 1 cm (Muscle Deep) over left buttock.
7. I/w 1cm x 1 cm (Muscle Deep) over left buttock, 3 cm medial to injury no.6.
innocent. Applicant has been falsely implicated in aforementioned case crime number. The recovery of alleged weapon of assault has been made from a public place and there is no independent witness of recovery. Therefore, the said recovery is doubtful. It is then contended and no attempt was made to match the bloodstains found on the weapon of assault with the blood of the deceased. Therefore, in absence of above, it cannot be definitely concluded that the murder of the deceased was committed by the weapon of assault recovered by the police. Learned counsel for applicant has then taken the Court to the site plan and the statements of witnesses. On basis thereof, he submits that there is a dispute with regard to the place of occurrence. As such, the place of occurrence itself has not been established. He therefore submits that in view of above, applicant is liable to be granted the benefit of doubt and is liable to be enlarged on bail. Applicant is in custody since 10.08.2022. As such he has undergone ten and a half months of incarceration. Even otherwise, applicant is a man of clean antecedents inasmuch as he has no criminal history to his credit except the present one. The police report (charge-sheet) in terms of Section 173 (2) Cr.P.C. has been submitted. As such the entire evidence sought to relied upon by the prosecution against applicant stands crystallised. He therefore contends that applicant is liable to be enlarged on bail. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with the trial.
credibility and reliability of the statements of the children of applicant cannot be doubted at this stage. He therefore submits that the prosecution story as unfolded in the F.I.R. cannot be doubted at this stage and can be examined only during the course of trial. As such prima-facie does not exist any good ground to enlarge the applicant on bail. He therefore contends that applicant does not deserve any indulgence by this Court.
Order Date :- 5.7.2023 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a murder trial where serious injuries are alleged and the applicant's children have implicated him.
Whether any good ground exists to enlarge the applicant on bail in view of the nature of the offence and complicity evidence.
Whether the dispute regarding the place of occurrence and doubtful recovery of weapon warrants granting bail.
2 provisions across 2 enactments
Ajay Bhadauria
Rajeev Misra
Yashwant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
