Golu@ Kundan Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

Golu@ Kundan Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Bail granted to applicant Golu@ Kundan in Case Crime No. 154 of 2023 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of non-tampering with prosecution evidence, non-influencing of witnesses, appearance before the trial Court on fixed dates, and no inducement, threat or promise to any person acquainted with the facts; breach entitles the prosecution to seek cancellation of bail before this Court.

Issue for consideration

Whether the applicant Golu@ Kundan should be enlarged on bail in Case Crime No. 154 of 2023 under Sections 323, 304, 504, 506 IPC, Police Station Kurawali, District Mainpuri.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, the nature of evidence and the fact that no specific role was assigned to the applicant, and without expressing any opinion on merits, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Golu@ Kundan is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) no tampering with prosecution evidence during trial; (2) no influencing of witnesses; (3) appearance before the trial Court on dates fixed unless presence exempted; (4) no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police or tampering with evidence.

Key takeaways

In case of breach of any of the bail conditions, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.ratio¶17

Detailed headnote1 paragraphs

Bail — grant of. High Court of Judicature at Allahabad (Hon'ble Mayank Kumar Jain, J.) allowed Criminal Misc. Bail Application No. 23542 of 2023 filed by Golu@ Kundan in Case Crime No. 154 of 2023 under Sections 323, 304, 504, 506 IPC, Police Station Kurawali, District Mainpuri. Counsel for the applicant urged that the incident took place at the spur of the moment without intention, there was no motive, the FIR lodged against three persons assigned only a general role of causing injury by kicks and fists with no specific role to the applicant, the post-mortem disclosed no injury on a vital part so the cause of death could not be ascertained and viscera was preserved, and the applicant was in jail since 14.03.2023 with no criminal history; the Additional Government Advocate opposed but could not dispute these aspects. Holding that no specific role was assigned to the applicant and expressly without expressing any opinion on merits, the Court found the applicant had made out a case for bail and directed his release on a personal bond with two sureties each in the like amount, subject to conditions barring tampering with evidence, influencing of witnesses, absence on trial dates and any inducement, threat or promise, with liberty to the prosecution to seek cancellation on breach.

Neutral Citation No. - 2023:AHC:116886

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23542 of 2023

Applicant :- Golu@ Kundan Opposite Party :- State of U.P. Counsel for Applicant :- Yadvendra Krishan,Brijesh Kumar Verma Counsel for Opposite Party :- G.A.

Hon'ble Mayank Kumar Jain,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed on behalf of applicant in Case Crime No. 154 of 2023, under Sections 323, 304, 504, 506 of IPC, Police Station Kurawali, District Mainpuri with the prayer to enlarge the applicant on bail.

It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that from the version of first information report it appears that incident took place at the spur of moment and there was no intention to commit the crime. It is further submitted that there is no motive against the applicant to commit the murder of deceased. It is further submitted that first information report was lodged against three persons including the applicant and general role of causing injury to the deceased by kick and fists was assigned to all the accused persons. No specific role has been assigned to the applicant. As per post mortem report deceased has not received any injury on his vital part and therefore, the cause of death could not be ascertained and viscera was preserved. It is further submitted that applicant is languishing in jail since 14.03.2023 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, all attending facts and circumstances of the case and the fact that no specific role assigned to the applicant, without expressing any opinion on merits of the case, the Court is of the view that the

applicant has made out a case for bail. The bail application is allowed.

Let the applicant Golu @ Kundan in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

(1). The applicant will not tamper with the prosecution evidence during the trial.

(2). The applicant will not influence any witness.

(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

(4). The applicant shall not directly or indirectly make any 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 an application before this Court seeking cancellation of the bail.

Order Date :- 25.5.2023 AKT

Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad