Bhure Alias Rais Vs State of U.P. Thru. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

Bhure Alias Rais Vs State of U.P. Thru. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Release of the applicant Bhure Alias Rais on bail in FIR No.345 of 2021 on furnishing a personal bond with two sureties of the like amount each to the satisfaction of the court concerned, subject to conditions: (a) executing a bond to attend hearings; (b) not committing any similar offence; (c) not directly or indirectly inducing, threatening or promising any person acquainted with the facts so as to dissuade disclosure to the Court or police, or tampering with the evidence.

Issue for consideration

Whether the applicant, arraigned in FIR No.345 of 2021 under Sections 302, 201, 120B IPC and in custody since 19.10.2021, is entitled to enlargement on bail in his second bail application. +1 more

Court's answer

The bail application is allowed; the applicant Bhure Alias Rais is to be released on bail in the aforesaid FIR number on furnishing a personal bond with two sureties of the like amount each to the satisfaction of the court concerned, subject to conditions of attending hearings, not committing similar offences, and not inducing, threatening or tampering with witnesses or evidence.

Ratio / Principle

Prima facie, none of the eight witnesses examined so far is an eyewitness to the incident; the applicant has been linked with the offence based upon a confessional statement and on the motive as alleged by the informant in the FIR.

Key takeaways

Considering that the applicant has been linked with the offence based upon allegations of motive, that there are no eyewitnesses, that there is no likelihood of the trial concluding in the near future, and that the applicant has no substantial criminal history and has been in custody since 19.10.2021, he is entitled to be enlarged on bail.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Pankaj Bhatia, J. — Criminal Misc. Bail Application No. 9045 of 2024, decided 28.8.2024 (Neutral Citation 2024:AHC-LKO:58320). Second bail application under FIR No.345 of 2021, Sections 302, 201, 120B IPC, P.S. Rupaidiha, District Bahraich. The first bail application was rejected on 02.02.2024 with directions to the trial Court to record fact-witness statements preferably within six months; thereafter two more witnesses were examined, with 8 of 33 chargesheet witnesses examined, none an eyewitness. The applicant was prima facie linked to the offence only through a confessional statement and the motive alleged by the informant. He was in custody since 19.10.2021 with no criminal history except cases under Section 26 of the Indian Forest Act, and the trial was unlikely to conclude in the near future. Held: the applicant was entitled to be enlarged on bail; the application was allowed and he was directed to be released on a personal bond with two sureties of the like amount each, subject to conditions of attending hearings, abstaining from similar offences, and not inducing or threatening witnesses or tampering with evidence.

Neutral Citation No. - 2024:AHC-LKO:58320

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9045 of 2024 Applicant :- Bhure Alias Rais Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Dhananjai Kumar Tripathi,Devendra Verma,Kajol,Kavita Yadav,Tanupriya 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 is the second bail application on behalf of the applicant seeking enlargement on bail in FIR No.345 of 2021, under Section 302, 201, 120B IPC, P.S. Rupaidiha, District Bahraich.

3. The first bail application of the applicant was rejected vide order dated 02.02.2024 in which directions were issued to the trial Court to endeavour to record the statement of the fact witnesses preferably within a period of six months.

4. Learned counsel for the applicant through the order-sheet argues that after passing of the said order, two other witnesses have been examined. He also draws my attention to the chargesheet in which as many as 33 witnesses are proposed to be examined out of which 8 witnesses have already been examined.

5. From perusal of the statements recorded of the 8 witnesses, it prima-facie appears that none of them are eyewitness to the incident and the applicant has been linked with the offence in question based upon a confessional as well as on the motive as alleged by the informant in the FIR. The applicant is in custody since 19.10.2021 and has no criminal history except the cases under Section 26 of the Indian Forest Act as disclosed in Para 31 of the bail application.

6. Considering the fact that the applicant has been linked with the offence in question based upon the allegations of motive; there are no eyewitness to the incident and there is no likelihood of the trial being concluded in the near future, the applicant who has no substantial criminal history and is in custody since 19.10.2021 is entitled to be enlarged on bail. In view thereof, the application is allowed.

7. Let the applicant Bhure Alias Rais 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 :- 28.8.2024

nishant

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench