Single judge allowed bail to the applicant charged with murder for lack of eye-witness testimony and credible evidence linking him to the crime despite delayed FIR.
Released on bail by furnishing a personal bond and two sureties, with conditions to attend court, avoid tampering, and appear for framing of charges and Section 313 Cr.P.C. statement.
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:223161
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48133 of 2023
Applicant :- Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
is no eye-witness to the murder. The implication of the applicant is not based on any credible, cogent and reliable evidence. It is argued that the police has shown recovery of a mobile of the deceased from the possession of the applicant but the same is a planted recovery. The applicant has no criminal history as stated in para 39 of the affidavit and is in jail since 29.04.2023.
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is 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 him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
Order Date :- 24.11.2023 AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant, accused of murder, is entitled to bail during trial considering the lack of an FIR naming him and weak evidentiary material.
Whether the absence of an eye-witness and reliance solely on CCTV footage warrants granting bail.
Whether bail can be granted subject to conditions preventing tamper with evidence and ensuring court attendance.
6 provisions across 2 enactments
Pradeep Kumar
State of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
