Allowed

Arshad v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home, Lko.

Allahabad HC12 Sept 2024/14055/2023

Case brief

AI extract

What is this about?

Court granted bail to the applicant in a murder case involving circumstantial evidence and reliance on confessional statement, emphasizing that this order is not an opinion on the merits of the case. Conditions imposed regarding attendance and preventing adjournment.

What did the court decide?

Released on bail with a personal bond and two sureties on conditions regarding attendance, no adjournments, and consequences of absence.

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

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Neutral Citation No. - 2024:AHC-LKO:63341

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14055 of 2023

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Applicant :- Arshad Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Yaduvansh Mani Singh,Amit Kumar Singh,Paritosh Shukla,Sukh Deo Singh Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J .

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Heard learned counsel for the applicant and Sri Raj Deep Singh, learned A.G.A for the State.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.260 of 2022, under sections 302,201/34 IPC, Police Station Gauriganj District Amethi.

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It has been submitted by learned counsel for the applicant that on the basis of the confessional statement, the applicant has been implicated in the present case. It is the case of circumstantial evidence. He has submitted that apart from confessional statement of the applicant that he had stabbed the deceased by knife, there is no other credible evidence available against the applicant. He further submitted that the coaccused Shubham Singh Alias Abhay Pratap Singh and Meer Alam against whom role of catching hold the hand and legs of the deceased have been granted bail by this Court vide orders dated 22.8.2023 and 25.9.2023 in Crimnal Misc. Bail Application Nos. 394 of 2023 and 4714 of 2023 respectively, therefore, the applicant is also entitled to be enlarged on bail on the ground of the reasons given in the bail orders of the coaccused as well as on the ground that the confessional statement has no evidentiary value. The applicant has no criminal history and is jail since 9.8.2022.

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On the other hand learned A.G.A. opposed the bail prayer, however, he has not disputed the fact that the co-accused of the present case have been granted bail.

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Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the

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argument that co-accused Shubham Singh Alias Abhay Pratap Singh and Meer Alam have been granted bail, I am of the opinion that the applicant is entitled to be released on bail.

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Let the applicant, namely, Arshad , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) 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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(ii) 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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(iii) 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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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order .

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( Brij Raj Singh, J.)

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Order Date :- 12.9.2024 A nuj Singh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Arshad v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home, Lko.

Case brief

What is this about?

What did the court decide?

Arshad v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home, Lko.

Case brief

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What did the court decide?

What the court decided

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