In this bail application, the Allahabad High Court granted enlargement to the applicant accused of murder. The court noted six years of detention, witness hostility, and lack of criminal antecedents as grounds for bail.
Release of the applicant on bail in FIR No. 77 of 2018 on a personal bond with two sureties.
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Neutral Citation No. - 2024:AHC-LKO:14841
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1916 of 2024
Applicant :- Ram Sagar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Civil Sectt. Lko. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.77 of 2018, under Section 302 IPC, P.S. Pisawan, District Sitapur.
3. In terms of the FIR, it was alleged that the brother of the informant had killed his own wife by use of a Banka . In view of the said, the applicant was apprehended and is in jail since 18.03.2018. Learned counsel for the applicant draws my attention to the statements of PW 1 and PW 2 who have turned hostile and have not supported the prosecution story; the PW 2 has even stated that he had signed on the dotted line.
4. Learned AGA has opposed the bail application.
5. Considering the period of pre-trial detention undergone by the applicant of almost six years coupled with the two statements wherein the witnesses have turned hostile and the fact that the applicant has no criminal antecedent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Ram Sagar 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 :- 20.2.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to be released on bail after nearly six years of pre-trial detention in a murder case.
1 provisions across 1 enactments
Ram Sagar
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
