Bhure Vs State of U.P.

Neutral Citation No. - 2023:AHC:230319

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50958 of 2023

Applicant :- Bhure Opposite Party :- State of U.P. Counsel for Applicant :- Hardev Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Shri Hari Om Rai holding brief of Shri Hardev Prajapati, learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Bhure, with a prayer to release him on bail in Case Crime No. 580 of 2021(S.T. No. 128 of 2022), under Sections 302,201,397,34 IPC Police Station Kasganj, District- Kasganj, during pendency of trial.

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There is allegation in the First Information Report against named accused, Kishori, Kishanpal, Shilendra and Gautam of committing offence of murder and causing disappearance of dead body. Learned counsel for the applicant has submitted that applicant was not named in the First Information Report.He has been implicated in this case on the basis of his confessional statement and recovery of illegal arms. It is a case of false implication because of his earlier criminal history of three cases, which has been explained in paragraph-6 of the supplementary afÏdavit. Applicant is in jail since 22.1.2022.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided

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investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed

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Let the applicant be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

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The applicant 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 default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 5.12.2023

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Atul kr. sri.

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

Bhure v. State of U.P.

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Bhure v. State of U.P.

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