Allowed¶12

Ranjeet Kori v. State of U.P. Thru. Prin. Secy. Home, Lko.

Bail – grant of

Allahabad HC15 Feb 2024/1460/2024

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Case brief

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What is this about?

Allahabad High Court, Lucknow Bench (Karunesh Singh Pawar, J.), order dated 15.2.2024 in Criminal Misc. Bail Application No. 1460 of 2024. Bail allowed to Ranjeet Kori, accused in Case Crime No. 77 of 2023 under Ss. 302, 506, 201, 120-B IPC, P.S. Udaipur, District Pratapgarh (murder/disappearance of Deepak Singh). Circumstantial-evidence case; custody since 28.6.2023; charge-sheet filed; release on personal bond and two sureties with six conditions; references to S. 229-A IPC, S. 82 Cr.P.C. and S. 174-A IPC.

What did the court decide?

Applicant Ranjeet Kori enlarged on bail in Case Crime No. 77 of 2023 on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, subject to six enumerated conditions. ¶12

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the accused-applicant Ranjeet Kori should be enlarged on bail in Case Crime No. 77 of 2023 under Sections 302, 506, 201, 120-B IPC, Police Station Udaipur, District Pratapgarh.

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Court's answer

On due consideration of the submissions, the record, the applicant's custody since 28.6.2023, the filing of the charge-sheet and the fact that the case is one of circumstantial evidence, and without expressing any opinion on the merits, the Court found it a fit case for enlarging the applicant on bail.

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Ratio / Principle

The bail application was allowed and the applicant Ranjeet Kori was ordered to be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned.

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Key takeaways

Release on bail was made subject to six conditions, including that the applicant shall not tamper with evidence or intimidate prosecution witnesses, shall file an undertaking not to seek adjournments when witnesses are present, and shall remain present before the trial court on each date fixed; absence without sufficient cause may invite proceedings under Section 229-A IPC, and misuse of bail liberty followed by failure to appear upon proclamation under Section 82 Cr.P.C. may invite proceedings under Section 174-A IPC.ratio¶19

Detailed headnote1 paragraphs

Bail — grant of — accused-applicant Ranjeet Kori in Case Crime No. 77 of 2023 (Ss. 302, 506, 201, 120-B IPC, P.S. Udaipur, Dist. Pratapgarh) concerning the disappearance and alleged murder of Deepak Singh enlarged on bail. Defence contention of absence of eye-witness and reliance only on confessional statements and recovery of mobile was not disputed by the State. The Court noted the applicant was in custody since 28.6.2023, the charge-sheet stood filed, and the case rested on circumstantial evidence; without expressing any opinion on merits, bail was allowed on a personal bond with two reliable sureties, subject to six conditions including non-tampering with evidence, non-intimidation of witnesses, an undertaking against adjournments, and presence before the trial court, with defaults attracting S. 229-A IPC, proclamation under S. 82 Cr.P.C. and proceedings under S. 174-A IPC.

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Neutral Citation No. - 2024:AHC-LKO:13406

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1460 of 2024

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Applicant :- Ranjeet Kori Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Pravin Kumar Singh,Avinash Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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The present bail application has been filed by accusedapplicant seeking bail in Case Crime No.77 of 2023 under Sections 302, 506, 201, 120-B Indian Penal Code, Police Station Udaipur, District Pratapgarh. It is alleged in the First Information Report that Deepak Singh, who is nephew of the informant, is missing since night 12-3 a.m. The informant went to village Pure Basawan then he came to know that his nephew Deepak Singh went along with Ankit Yadav and he has been murdered and dead body has been concealed.

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Learned counsel for the applicant submits that there is no eye witness to the incident. There is no last scene evidence. There is not even extra judicial confession against the applicant. Except the confessional statement of the applicant and the co-accused and the recovery of mobile on the pointing of the applicant there is no other material against the applicant. Learned counsel for the applicant submits that the dead body has been received in another district which is approximately 35 kilometers

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away from the village Pure Basawan and it is highly improbable that two persons have taken the deceased with them and no one has even seen them.

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Learned A.G.A. has opposed the bail prayer, however, could not dispute the aforesaid facts.

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On due consideration to the submissions advanced, perusal of the record as also the facts that the applicant is languishing in jail since 28.6.2023, charge-sheet has been filed, the case is of circumstantial evidence and 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. Let the applicant Ranjeet Kori 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

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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 :- 15.2.2024

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Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Ranjeet Kori v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

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Ranjeet Kori v. State of U.P. Thru. Prin. Secy. Home, Lko.

Case brief

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