Allowed

Subhash v. State of U.P.

Allahabad HC17 Aug 2023BAIL/33760/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the Allahabad High Court allowed the applicant, Subhash, to be released on bail in an ongoing murder trial. The court noted discrepancies between the FIR allegations and post mortem findings, the bail release of co-accused, and the applicant's detention duration.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties in the like amount subject to conditions.

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

¶1

Neutral Citation No. - 2023:AHC:166051

¶2

Court No. - 70

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33760 of 2023

¶4

Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sameer Jain,J.

¶6

On 2.8.2023 a report was called from the court concerned with regard to the correction made in the amended free copy of the bail rejection order.

¶7

Pursuant to the order dated 2.8.2023, report has been submitted by the concerned District and Sessions Judge and as per the report dated 8.8.2023, correction made in the free copy of bail rejection order was made by the concerned officer himself.

¶8

Heard Sri Sushil Kumar Mishra, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the Staterespondent.

¶9

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 140 of 2021, under Sections 147, 148, 149, 342, 302, 188 IPC, Police Station Nebuwa Naurangiya, District Kushinagar, during pendency of the trial in the court below.

¶10

FIR of the present case was lodged against the applicant and 29 others and 20 unknown persons and according to the FIR on the exhortation of co-accused Seshkant, applicant and another coaccused person have committed the murder of the brother of the

¶11

informant by inflicting knife injury to him.

¶12

Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter alongwith as many almost 50 persons and only general and omnibus allegation has been made against the applicant and other accused persons.

¶13

He further submitted that although as per allegation, applicant and other accused persons caused death of the deceased by inflicting knife injuries to him who were total 49 in numbers but post mortem of the deceased suggests that deceased sustained only two injuries and out of which one injury is of contusion and another one is incised wound and this fact suggests that entire story narrated in the FIR is false and concocted.

¶14

He next submitted that nominated accused persons Ramanand Tiwari and Murat have already been released on bail by the coordinate Bench of this Court vide order dated 21.2.2022 and 16.5.2022 passed in Crl. Misc. Bail Application Nos. 16449 of 2022 and 54892 of 2021, respectively and case of applicant is at par with them.

¶15

He further submitted that applicant is having no criminal history and he is in jail in the present matter since 18.7.2022, i.e. for more than one year.

¶16

Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on fact advanced by learned counsel for the applicant.

¶17

I have heard learned counsel for the parties and perused the record of the case.

¶18

From the perusal of the record, it appears that applicant has been made accused in the present matter alongwith 29 named and 20 unknown persons and only general and omnibus allegation has been made against all the accused persons including applicant and although, there is allegation against the applicant that he and other accused persons caused death to the deceased by inflicting him knife injuries but from the post mortem, it appears that deceased sustained only two injuries and out of which one is of incised wound and another one is contusion.

¶19

Further, co-accused Ramanand Tiwari and Murat have been released on bail by the co-ordinate benches of this Court and both were named in the FIR along the applicant and case of applicant is at par with them.

¶20

Although, applicant is having criminal history of five cases but his criminal history h as been explained the criminal history in para-18 to the affidavit filed in support of the instant bail application and from its perusal it appears that he was having criminal history of minor offences.

¶21

Further law is settled that merely on the basis of criminal history of the applicant, his bail application should not be dismissed if otherwise case of bail is made out.

¶22

Further applicant is in jail in the present case since July, 2022 i.e for more than a year.

¶23

Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

¶24

Accordingly, without expressing any opinion on the merits of

¶25

the case, the instant bail application is allowed .

¶26

Let the applicant- Subhash , be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶27

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

¶28

(ii) 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 or any police officer or tamper with the evidence.

¶29

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶30

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶31

It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

¶32

Order Date :- 17.8.2023

¶33

Ankita

¶34

Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Subhash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Subhash v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shesh Nath Yadav Vs State of U.P. and Another

Awadesh Kharwar Vs State of U.P.

Abhishek Vs State of U.P. and 3 Others

Manish Gaur @ Manni Vs State of U.P.

Rakesh Vs State of U.P.

Praveen Vs State of U.P.