In a bail application under Cr.P.C. in a murder case, the High Court considered the applicant's exoneration during police investigation via CDR evidence and the lack of substantial proof impelling conviction, ultimately allowing the bail application.
The applicant was released on bail by furnishing a personal bond and two heavy 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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5577 of 2023
Applicant :- Anshul Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Chaubey,Nipun Singh Counsel for Opposite Party :- G.A.,Umesh Kumar Gupta
Hon'ble Krishan Pahal,J.
within the purview of the dying declaration as he had expired long after the date of offence i.e. on 05.05.2014, which is a duration of about twenty days. Learned counsel has further stated that the applicant has been summoned only on the sole statement of PW-1 informant Macchla. The applicant has himself surrendered before the court. He has not misused the opportunity granted to him earlier on. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 17.01.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.
(i) The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date
fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
(v) 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.
(Krishan Pahal, J.)
Order Date :- 10.4.2023 Ravi Kant
Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail during the pendency of the trial.
Anshul
State of U.P.
Krishan Pahal
Ravi Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
