The court considered a bail application in a murder attempt case. Relying on the applicant's criminal history and no-injury nature, and referring to a coordinate bench order, the court held that bail was made out and allowed it.
Released on bail on furnishing personal bond and two sureties in like amount.
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. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54561 of 2022
Applicant :- Bachchraj Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.70 of 2020, under Section 307 I.P.C., P.S. Dhata, District Fatehpur, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case due to previous criminal history. It is a no injury case. Criminal history of the applicant has been explained in para-17 of the bail application and in most of the cases, the applicant has been acquitted or by efflux of time, cases have become infructuous. It has been next argued that in offence under Section 3/25 Arms Act, the Co-ordinate Bench of this Court vide order dated 10.01.2023 passed in Crl. Misc. Bail Application No.54566 of 2022 considering criminal history of the applicant, granted bail to the applicant. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 17.04.2020 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has not made any denial of the averment made in para-17 of the bail application.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Bachchhraj Pasi, who is involved in the
aforesaid case crime, 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.
released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.1.2023 Meenu Singh
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant has made out a case for bail under Section 307 IPC given his criminal history and the nature of the case.
Whether the antecedent criminal history of the applicant warrants denial of bail in the present offence.
Whether bail can be granted with conditions to ensure the applicant does not tamper with evidence or commit further crimes.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Criminal Misc. Bail Application No.54566 of 2022Referred¶7
Crim. Misc. Bail Application No.54566 of 2022 dated 10.01.2023
1 provisions across 1 enactments
Bachchraj Pasi
State of U.P.
Deepak Verma
Meenu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
