Allowed

Sonu Alias Ajit Raidas v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC15 Feb 2024/49/2023

Case brief

AI extract

What is this about?

In this bail application regarding a murder charge, the Allahabad High Court relied on the delay in implicating the applicant and the absence of independent witnesses during recovery to grant bail, concluding that the prosecution evidence was weak.

What did the court decide?

Released on bail by furnishing personal bonds and sureties under specified conditions.

Sonu Alias Ajit Raidas Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:13559

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49 of 2023

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Applicant :- Sonu Alias Ajit Raidas Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A.,Bajhul Quamar Siddiqui

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and learned Counsel appearing on behalf of the complainant and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.115 of 2022, under Sections 302/34 IPC, Police Station Tadiyavan, District Hardoi.

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3 . In terms of the FIR, it was alleged that two persons named in the FIR and three unknown persons had caused injuries to the cousin brother of the informant, which ultimately resulted in his death. The postmortem report on record indicates as many as 9 injuries and the cause of death is also ante mortem head injury.

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4 . The Counsel for the applicant argues that the applicant was not named in the FIR at the first instance. It is also argued that the applicant was not even named at the time of inquest, however, subsequently in the statement of the informant, the name of the applicant surfaced wherein he stated that he came to know that along with two named persons, the applicant was also present and had caused injuries. In the light of the said, the Counsel for the applicant argues that the name of the applicant was included afterthought despite the fact that the name of the father is present in the FIR itself. It is also argued that the applicant, who has no criminal antecedents and is in custody since 27.03.2022, should be enlarged on bail.

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5. Learned A.G.A. and learned Counsel for the informant vehemently opposed the bail prayer by arguing that a brutal murder was committed by five persons. It is further argued that the Danda was recovered on the pointing out of the applicant, thus, there is sufficient material to link the applicant with the offence in question and the trial has already been started and in these circumstances, the bail application should be rejected.

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6. Considering the submissions made at the bar, prima face, the applicant was not named in the FIR despite the fact that his father was named in the FIR; in the subsequent statement, the name of the applicant surfaced that too on the basis of the information received by the informant from other persons, thus, there was no martial to directly link the applicant with the offence in question; the recovery of the Danda allegedly at the instance of the pointing out of the applicant is not in the presence of any independent witness and considering the evidence to be a weak evidence coupled with the fact that the applicant has no criminal history and is in custody since 27.03.2022, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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7. Let the applicant Sonu alias Ajit Raidas 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:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(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.

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Order Date :- 15.2.2024 akverma

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

Sonu Alias Ajit Raidas v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Sonu Alias Ajit Raidas v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

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