Allowed

Ashok Kumar v. State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home U.P. Lko.

Allahabad HC15 Feb 2024/1497/2024

Case brief

AI extract

What is this about?

In a bail application under Section 302 IPC, the court noted the case relied mainly on circumstantial evidence and an uncorroborated confessional statement. Finding no cogent material against the applicant and noting his lack of prior criminal history, the court allowed bail on a personal bond with sureties.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties each, subject to four conditions regarding evidence tampering, witness intimidation, and court attendance.

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

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Neutral Citation No. - 2024:AHC-LKO:13653

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1497 of 2024

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Applicant :- Ashok Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home U.P. Lko.

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Counsel for Applicant :- Ajeet Kumar,Himanshu Tiwari,Vedika Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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2. It is alleged in the prosecution case that on 15.11.2023 at about 8.00a.m., the informant reached at his in-laws place, i.e. village Dharmpar, district Balrampur. He found the dead body of his father in law Shyam Lal in his field near road. Many persons had gathered, however, his brother in law Ashok Kumar did not come. A search was made but it was found that he fled somewhere. Suspicion was raised that Ashok Kumar has killed his father in law because both were living separately and were not having cordial relations, and used to fight with each other.

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3. Learned counsel for the applicant submits that the only material against the applicant is that the villagers have seen the applicant going outside the village on a cycle. Except the confessional statement of the applicant along with recovery of a danda which is not from the applicant, there is no other material against the applicant. The applicant has no previous criminal history. The applicant is in jail since 20.11.2023.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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5. Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the case is of circumstantial evidence, except the confessional statement of

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the accused applicant in police custody, prima facie there appears to be no cogent material against the applicant, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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6. Let the applicant Ashok Kumar, involved in Case Crime No.0298 of 2023 under section 302 I.P.C., P.s. Rehara Bazar, district Balrampur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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

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law, under Section 174-A of the Indian Penal Code.

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7. The application is allowed accordingly.

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Order Date :- 15.2.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar v. State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home U.P. Lko.

Case brief

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Ashok Kumar v. State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home U.P. Lko.

Case brief

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