Dinesh @ Dhunmun and Another v. State of U.P.
Case brief
What is this about?
This judgment allowed bail to two applicants accused of murder under Section 302 IPC. The court noted overcrowding and lack of evidence on merits while emphasising fundamental rights under Article 21. Bail was granted subject to varied conditions to prevent tampering with evidence.
What did the court decide?
Release on bail with personal bond and two sureties each on furnishing condition to cooperate in the trial and not tamper with witness.
What the court decided
Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57440 of 2022
Applicant :- Dinesh @ Dhunmun And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A.
The instant bail application has been �led on behalf of the applicants, Dinesh @ Dhunmun, and Harish Chandra @ Bittan with a prayer to release them on bail in Case Crime No. 54 of 2022, under Sections 302,201/34 IPC Police Station Chakiya, DistrictChandauli, during pendency of trial.
The First Information Report was lodged regarding murder of one Ajay, who had a1air with daughter of co-accused, Beni.Initially in the First Information Report Beni and his wife, Kanchan Devi and unnamed accused were implicated. Learned counsel for the applicant has submitted that applicant has been implicated by way of confessional statement of co-accused Beni in this case. He has assigned the role to the applicant that he was instrumental in getting the dead body of the deceased disappear.The statement of the co-accused, Beni, was recorded thereafter statement of the daughter of the coaccused, Beni, has been recorded only to corroborate the evidence that daughter of the co-accused had a1air with deceased. It is a case of circumstantial evidence. The name of the applicants surfaced in the confessional statement of co-accused, Beni.Coaccused, Kanchan Devi, has been enlarged on bail by this court vide order dated 20.12.2022 in Criminal Misc. Bail Application No.49496 of 2022. The applicants are in jail since 23.3.2022 and have no criminal history.
Issues for consideration
3 issues framed by the court
Whether the applicants should be released on bail in an undertrial murder case considering overcrowding in jails.
Whether bail can be granted in a case of murder based on circumstantial evidence including a confessional statement.
Whether fundamental rights under Article 21 support bail in the present circumstances of jail overcrowding.
Parties & counsel
- respondent
State of U.P.
- applicant
Dinesh @ Dhunmun
- applicant
Harish Chandra @ Bittan
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/57440/2022
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