Allowed

Son Bahadur Alias Gadre v. State of U.P. Thru. Addl. Chief Secy. (Home), Lko.

Allahabad HC13 Feb 2024/1181/2023

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by an accused in a murder case. The Court noted the absence of criminal history, the nature of circumstantial evidence, and the lack of direct victim witnesses, holding the accused eligible for bail subject to specific conditions.

What did the court decide?

Accused released on bail subject to a personal bond, two sureties, and specific conditions regarding tampering with evidence and attendance.

Son Bahadur Alias Gadre Vs State of U.P. Thru. Addl. Chief… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:13203

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1181 of 2023

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Applicant :- Son Bahadur Alias Gadre Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. (Home), Lko. Counsel for Applicant :- Vivek Pandey,Ashish Srivastava,Madhulika Yadav Counsel for Opposite Party :- G.A.,Piyush Kumar Giri,Ravindra Kumar Singh

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Hon'ble Karunesh Singh Pawar,J.

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Heard Ms. Madhulika Yadav, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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Learned counsel for the applicant submits that she has informed the learned counsel for the complainant through whats-app, screenshot of which is placed before this Court and the same is taken on record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.05 of 2022, under Sections 302, 120-B I.P.C., P.S. Karnailganj, District Gonda.

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It is alleged in the first information report that husband of the informant Shyam Singh went to ease out on 02.01.2022 at about 08:00 am towards east of the village. After some time, he was found dead in a field. It is further alleged that brother-in-law of the informant was also murdered six months ago.

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Learned counsel for applicant submits that it is a case of circumstantial evidence, there is no eye witness to the incident. Even, there is no last seen evidence or extra judicial confession against the applicant except recovery of wooden shelf to which there is no independent witness. There is no other material against the accused applicant. The charge-sheet against the accused applicant has been filed only on the suspicion being raised by the father of the deceased and complainant. Applicant is in jail since 01.10.2022. Applicant has no criminal history.

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Learned A.G.A. has opposed the bail prayer however, he could not dispute the facts stated as above.

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On due consideration to the submissions advanced, perusal of

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the record as also the fact that the applicant is languishing in jail since 01.10.2022 having no criminal history, material collected by the Investigating Officer during investigation and the fact that case is of circumstantial evidence, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Son Bahadur @ Gadre be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 13.2.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Son Bahadur Alias Gadre v. State of U.P. Thru. Addl. Chief Secy. (Home), Lko.

Case brief

What is this about?

What did the court decide?

Son Bahadur Alias Gadre v. State of U.P. Thru. Addl. Chief Secy. (Home), Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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