Criminal Misc. Bail Application filed by Komil Das in a murder and abduction case. The Court found no eye-witness or direct evidence against the applicant. Considering the lack of evidence and bail granted to co-accused, the application was allowed.
bail granted on furnishing personal bond and two sureties each in the like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54469 of 2022
Applicant :- Komil Das Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate representing the State.
The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 273 of 2022 under Sections 364, 302, 120-B I.P.C., Police Station- Wazirganj District- Budaun, during the pendency of trial.
As per the prosecution case, Sukhveer, who is brother of the informant was missing since the night of 24-07-2022. A missing report was also lodged on 26-07-2022 and later on an F.I.R. was lodged on 28-07-2022 against the present applicant Komil Das and three other named accused persons namely Rampal, Kallu @ Kalyan and Sukhdeyi @ Sudha. On 07-08-2022 a dead body in the form of skeleton was recovered by the police and D.N.A. sample taken from the skeleton was sent for forensic examination. The deceased was identified on the basis of his mobile phone, which was found near the dead body.
It is argued by learned counsel for the applicant that the F.I.R. is anti time because as per the post-mortem report dated 07-08-2022 the death of the deceased was found to be 14 to 30 days prior to the post-mortem. On the basis of the statement of the first informant dated 06-08-2022, it has come on record that deceased was having illicit relation with Sukhdeyi @ Sudha (wife of the present applicant Komil). She was having relations with Saurabh also, whose complicity came into light during investigation. The deceased had gone for watering fields and it is the allegation that the present applicant, Sukhdeyi @ Sudha, Rampal and Kallu @ Kalyan abducted his brother and because of his illicit relation with Sukhdeyi @ Sudha they committed his murder. It is next submitted that there is no eye-witness of the incident. There is no evidence of last seen of the applicant along with the deceased. The D.N.A. report of the recovered skeleton of the deceased is still awaited. The other co-accused persons namely Akhilesh, Saurabh, Kallu @
Kalyan, Smt. Sukhdeyi @ Sudha and Rampal had been granted bail by co-ordinate Bench of this Court vide orders dated 29-112022, 13-12-2022, 19-01-2023 and 25-01-2023 passed in Criminal Misc. Bail Application Nos.47188 of 2022, 49351 of 2022, 56839 of 2022, 48485 of 2022 and 54477 of 2022 respectively. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 07-08-2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant in the light of the averments made in the F.I.R. but could 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 though the applicant is named in the F.I.R. but there is no eye-witness of the incident. The applicant was not lastly seen in the company of the deceased. There is no direct evidence against the applicant and the other co-accused persons of this case have already been granted bail as indicated above.
Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Komil Das, 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 officer 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 before the release of the applicant on bail.
In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.
Order Date :- 21.4.2023
pks
Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the accused is entitled to bail in a murder and abduction case where there is no eye-witness or direct evidence against him.
Whether the applicant has made out a fit case for bail considering that co-accused have been granted bail.
1 provisions across 1 enactments
Komil Das
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
