Satya Prakash Maurya Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2024)

Satya Prakash Maurya Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Release of applicant Satya Prakash Maurya on bail in FIR No.257 of 2021 on furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned, subject to conditions: (a) undertaking to attend hearings; (b) not committing any similar offence; (c) not making any inducement, threat or promise to dissuade disclosure of facts or tampering with evidence.

Issue for consideration

Whether the applicant, in custody since 14.06.2021 in FIR No.257 of 2021 under Section 302 IPC, is entitled to enlargement on bail in his second bail application, given the prosecution's delay in producing witnesses, the pendency of the FSL report and PW-2's statement, and the absence of criminal antecedents.

Court's answer

Considering the trial status report, the conduct of the prosecution in delaying the trial, the absence of any likelihood of the trial being concluded in the near future, the applicant having no criminal antecedents, and his incarceration since 14.06.2021, the applicant is entitled to be released on bail.

Ratio / Principle

The bail application is allowed; the applicant Satya Prakash Maurya is to be released on bail in FIR No.257 of 2021 on furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned, subject to conditions of attending hearings, not committing any similar offence, and not inducing, threatening or promising any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Detailed headnote1 paragraphs

Bail — Second bail application — Offence under Section 302 IPC — FIR No.257 of 2021, Police Station Dhaurahra, District Kheri — Applicant in custody since 14.06.2021 — First bail application rejected on 29.04.2022 — Trial status report showed prosecution delaying trial, only 9 of 24 charge-sheet witnesses examined, FSL report regarding weapon and statement of PW-2 pending — No criminal antecedents — No likelihood of trial concluding in near future — Bail allowed on personal bond and two reliable sureties of like amount each, with conditions against committing similar offences, tampering with evidence, and inducing or threatening witnesses. (Single Judge: Pankaj Bhatia, J.; Order date 12.8.2024)

Neutral Citation No. - 2024:AHC-LKO:55563

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 141 of 2023

Applicant :- Satya Prakash Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vikas Sharma,Pawan Kumar Maurya Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

2 . The applicant seeks enlargement on bail in FIR No.257 of 2021, under Section 302 IPC, Police Station Dhaurahra, District Kheri.

3 . This is the second bail application. The first bail application was rejected vide order dated 29.04.2022 passed in Criminal Misc. Bail Application No.10966 of 2021.

4 . While arguing the second bail application, the Counsel for the applicant argues that even in terms of the FIR, the death of the husband of the informant was occurred on account of accidental firing. He further draws my attention to the fact that the applicant is in custody since 14.06.2021 and there is no likelihood of the trial being concluded in near future. He further argues that the applicant has no criminal antecedents.

5 . This Court had called for a report with regard to the status of the trial which reveals that the prosecution has been delaying the trial and has not produced the witnesses on the date fixed, however, it is further recorded that as many as, 9 witnesses have been recorded and on account of unavailability of the FSL report with regard to the weapon and unavailability of PW-2, the statement has not been recorded. There are 24 witnesses in the charge-sheet.

6. Learned A.G.A. vehemently opposed the bail prayer.

7. Considering the report and the conduct of the prosecution and there being no likelihood of the trial being concluded in near future coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 14.06.2021, I am of the view that the applicant is entitled to be released on

bail. Accordingly, the bail application is allowed .

8. Let the applicant Satya Prakash Maurya be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the 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 :- 12.8.2024 akverma

Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench