In a bail application in a murder case where only confession and weapons without blood were evidence, the court held the applicant entitled to bail due to lack of direct eyewitness identification and no criminal history, releasing him on personal bond and sureties.
Release on bail by furnishing personal bond and two sureties in the like amount.
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.
Neutral Citation No. - 2023:AHC:163520
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43237 of 2021
Applicant :- Ramesh Kumar Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh,Ashok Kumar Singh,Raghuvansh Misra,Ramanuj Yadav Counsel for Opposite Party :- G.A.,Om Prakash,Sakshi Patel,Shiv Naresh
Hon'ble Sameer Jain,J.
applicant was the person who made assault. He further submits that in the present matter only evidence against the applicant is his confessional statement and recovery of an axe and wooden stick. He further submits that even from the recovery, it reflects that no blood was found on the axe or on the wooden stick, therefore, merely on the basis of these two alleged weapons it cannot be said that applicant participated in the present crime. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 27.07.2021 i.e. for more than two years.
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(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.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
Order Date :- 11.8.2023 AK Pandey
Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail in a murder case given that weapon recoveries do not show blood and there is no direct eye witness testimony against him.
Whether the applicant's lack of criminal history and long jail tenure justify release on bail after conversion of the charge under Section 302 IPC.
Ramesh Kumar Gautam
Sameer Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
