High Court allowed bail to undertrial applicants accused of culpable homicide amounting to murder. The Court cited overcrowding and fundamental rights under Article 21 without expressing an opinion on the merits of the case or the evidence.
Applicants released on bail on furnishing personal bond and two sureties each.
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:231338
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47634 of 2023
Applicant :- Ramchander @ Chandraz And Another Opposite Party :- State of U.P. Counsel for Applicant :- Aqeel Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
(i) The applicants shall not tamper with the evidence or threaten the witnesses.
(ii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code.
(iv) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court
shall initiate proceedings against them in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicants shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
Order Date :- 6.12.2023 Saif
Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad
2 issues framed by the court
Whether undertrial applicants are entitled to bail in a murder charge considering jail overcrowding and fundamental rights.
Whether the one-sided investigation and absence of co-accused owner justify bail despite nature of offence.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Referred¶11
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
4 provisions across 2 enactments
Ramchander @ Chandraz
Ashok Kumar
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
