Bramha Vs State of U.P. Thru. Its Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

Bramha Vs State of U.P. Thru. Its Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Applicant Bramha to be released on bail in FIR No.446 of 2013 on furnishing a personal bond with two sureties of the like amount each to the satisfaction of the court concerned, subject to conditions of attending hearings, committing no similar offence, and making no inducement, threat or promise to any person acquainted with the facts or tampering with evidence.

Issue for consideration

Whether the applicant Bramha, in custody since 02.12.2013 in FIR No.446 of 2013 under Sections 302, 120B, 109, 34 IPC, P.S. Kachhauna, District Hardoi, is entitled to be enlarged on bail.

Court's answer

Bail entitlement rested on the applicant's incarceration for more than 10 years (custody since 02.12.2013) coupled with his age of about 70 years, the trial remaining unfinished despite directions for expeditious disposal issued in 2018, and the co-accused having been enlarged on bail.

Ratio / Principle

On these grounds the Court held the applicant entitled to be enlarged on bail and allowed the bail application.

Key takeaways

Release was directed on furnishing a personal bond with two sureties of the like amount each to the satisfaction of the court concerned, subject to conditions: attendance at hearings, abstention from similar offences, and no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.ratio¶6

Detailed headnote1 paragraphs

Bail granted — prolonged incarceration — applicant in custody since 02.12.2013 (over 10 years) in FIR No.446 of 2013 under Sections 302, 120B, 109, 34 IPC, P.S. Kachhauna, District Hardoi; aged about 70 years; trial not concluded despite directions for expeditious disposal issued in 2018; co-accused already enlarged on bail — held entitled to be enlarged on bail; release directed on personal bond with two sureties of the like amount each, subject to conditions of attending hearings, refraining from similar offences, and not inducing, threatening or tampering with witnesses/evidence. (Allahabad High Court, Lucknow Bench, Court No. 12, Pankaj Bhatia, J., 05.02.2024; Neutral Citation 2024:AHC-LKO:10503)

Neutral Citation No. - 2024:AHC-LKO:10503

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1268 of 2024

Applicant :- Bramha Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Civil Sectt. Lko. Counsel for Applicant :- Prem Chandra Chauhan,Ramesh Chandra Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

1. Heard Shri Kashiram, learned counsel holding brief of shri Prem Chandra Chauhan, learned counsel for the applicant, learned AGA and perused the record.

2. The applicant seeks enlargement on bail in FIR No.446 of 2013, under Section 302, 120B, 109, 34 IPC, P.S. Kachhauna, District Hardoi.

3. In terms of the FIR, the applicant continues to be in custody since 02.12.2013. Learned counsel for the applicant relies upon a bail order passed in the case of co-accused wherein the Court had noticed that the applicant had spent almost 10 years in custody. Similarly, while deciding the bail application of the said accused, it was noticed that despite directions for expediting the trial, the trial is still pending and the co-accused have been enlarged on bail.

4. Learned AGA has opposed the bail application.

5. Considering the fact that the applicant is in custody since 02.12.2013 and is aged about 70 years and despite there being directions for expeditious disposal in the year 2018 itself, the trial has not come to an end, as such, considering the period of incarceration suffered by the applicant for more than 10 years coupled with the age of the applicant i.e. 70 years and the fact that the co-accused have been enlarged on bail, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

6. Let the applicant Bramha be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the

hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 :- 5.2.2024 nishant

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench