Baiteri Alias Abdul Khabeer v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. U.P. Lko.
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Karunesh Singh Pawar J.; Crl. Misc. Bail Application No. 526 of 2023; decided 1.3.2024. Bail granted to Baiteri alias Abdul Khabeer under Section 302 IPC. Key points: circumstantial-evidence murder case resting on last-seen evidence; FIR version improved over earlier G.D. rapat no. 037 lodged at the father's instance; custody since 12.8.2022; no prior criminal history; prima facie chain of circumstances incomplete; conditional bail with personal bond and two sureties.
What did the court decide?
Bail granted in Case Crime No. 168 of 2022: applicant to be released on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, subject to conditions — (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) no inducement, threat or promise to dissuade disclosure of facts; (iv) undertaking not to seek adjournments on dates fixed for evidence when witnesses are present, default treatable as abuse of liberty of bail; (v) presence before the trial court on each date fixed personally or through counsel, failing which action under Section 229-A IPC; (vi) on misuse of bail and issuance of proclamation under Section 82 Cr.P.C. with failure to appear, proceedings under Section 174-A IPC.