In a criminal miscellaneous bail application under Section 439 Cr.P.C., the Allahabad High Court granted bail to an applicant accused of culpable homicide. The court noted the prosecution case relied solely on last seen circumstances with no direct evidence against the applicant.
Applicant Chhatrapal released on bail by furnishing a personal bond and two sureties.
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.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50125 of 2022
Applicant :- Chhatrapal Opposite Party :- State of U.P. Counsel for Applicant :- Bheshaj Puri Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State.
By means of this application under Section 439 of Cr.P.C., applicant Chhatrapal, who is involved in Case Crime No. 321 of 2022, under Section 304 IPC, police station Bhuta, district Bareilly, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, informant Beni Ram, who is younger brother of the deceased, lodged the first information report on 08.08.2022 against the present applicant Chhatrapal with the allegation inter alia that on 07.08.2022 at about 06:00 o'clock, dead-body of his brother Gayadeen was found lying on the bed (takhat) near the Athana brick-kiln. After his cremation, he came to know that on 06.08.2022, the applicant Chhatrapal took him on his motorcycle and several persons saw them.
It is argued by learned counsel for the applicant that there is no eye-witness of the incident. The F.I.R. has been lodged with a delay of two days. The informant in the F.I.R. did not disclose the name of eye-witness who had seen the deceased in the company of the applicant. Later on, the prosecution has recorded the statements of three persons, namely, Ram Singh @ Pusey, Mukhi Lal and Awadhesh Singh, who had stated inter alia that they had seen the deceased while going on with the applicant on his motorcycle. It is also submitted that no weapon of assault has been recovered at the pointing out of the applicant or from his possession. The recovery of alleged motorcycle which has been shown by the police belongs to the applicant. On the strength of
aforesaid facts, it is submitted that in fact it is a case of accident. The applicant does not have any criminal history to his credit. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 09.08.2022 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial.
Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per prosecution case, it is a matter to circumstantial evidence of last seen and there is no other corroborative material on record. As per the post mortem report of the deceased, five injuries have been found on his body, which are in the nature of contusion and abrasion. There is no direct evidence against the applicant, therefore, the applicant has made out a case for bail. Hence, the bail application of the applicant is hereby allowed .
Let the applicant Chhatrapal , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:-
(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That 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 or to any police ofÏcer or tamper with the evidence.
(iii) That after his release, the applicant shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned.
In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.
Order Date :- 2.5.2023 Shubham
Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail pending trial in a case based on last seen circumstances.
Whether the lack of direct evidence and circumstantial nature of the case justify bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Chhatrapal
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
