Criminal Misc. Bail Application allowed. Court granted bail to applicant accused of murder and criminal conspiracy, holding that mere statement of a co-accused is insufficient evidence at the bail stage.
Applicant released on bail on furnishing a personal bond and two heavy sureties.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59675 of 2022
Applicant :- Ashok Kumar @ Bantu Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Lochan Shukla,Mohini Jaiswal Counsel for Opposite Party :- G.A.,Yadvendra Singh
Hon'ble Krishan Pahal,J.
the said act, instead of injuring the deceased person, the death of the deceased person Surendra was committed as such. Learned counsel has also stated that the statement of the witness/accused Bhupendra S/o Amar Singh has been recorded under Section 164 Cr.P.C. in which he has stated that on the directions of the applicant and Surendra, the said Bhupendra S/o Amar Singh had fired at the deceased Surendra and unscrupulously caused his death. The said statement is not admissible against the applicant. It is next stated that the only role assigned to the applicant is of hatching a conspiracy as no overt act has been assigned to the applicant in the said statement itself. Learned counsel has further argued that even the statement of the said witness/accused recorded under Section 164 Cr.P.C. has not been recorded as per the rules framed by the High Court.
amount to the satisfaction of the court concerned subject to following conditions.
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 indulge in any criminal activity or commission of any crime after being released on bail.
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.
Order Date :- 21.2.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in a murder trial where the only evidence against him is the statement of a co-accused under Section 164 Cr.P.C.
Ashok Kumar @ Bantu
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
