Allowed

Ishityaqk @ Manne v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Allahabad HC4 Jan 2024/9274/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed objections to bail application by an accused in a murder case. Finding no infirmity in the seizure of evidence and noting the absence of the accused's name in the initial statement and lack of criminal antecedents, the court granted bail with standard conditions.

What did the court decide?

Release of the applicant on bail subject to personal bond, two sureties, and conditions regarding non-tampering with evidence and appearance before the court.

Ishityaqk @ Manne Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:773

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9274 of 2023

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Applicant :- Ishityaqk @ Manne Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.156 of 2022, under Section 302 I.P.C., P.S. Raniganj, District Pratapgarh.

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It is alleged in the prosecution case that son of the informant Salman on 24.05.2022 at about 07:00 pm went away from his home to attend a dinner at Veerapur when he did not return late night, the search was started by the informant and his relatives. In the morning, one relative of the informant informed that Salman has been done to death by unknown persons and the dead body is lying near Narsinghpur puliya. The dead body was sent on the mobile by his nephew from which he identified that deceased was his son.

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Learned counsel for applicant submits that in the F.I.R. he is not named. In the statement under Section 161 Cr.P.C., the applicant has not been named by the complainant however, in the re-statement improvement has been made by the informant and applicant along with two others have been named in committing murder of the deceased by axe and knife. He further submits that apart from the confessional statement of the coaccused Moni, applicant and re-statement of the complainant there is no other evidence. Call detail records have been collected by the Investigating Officer. The complicity of the applicant is not found in the call detail records. There is no material to show that applicant had any conversation with either deceased or with Moni. The alleged recovered axe at the pointing out of the applicant is nothing but a false recovery there is no independent witness of this recovery, applicant has no criminal history, he is languishing in jail since 19.03.2023.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 19.03.2023, applicant has no criminal antecedents, two statements of the complainant under Section 161 Cr.P.C., without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Ishityaqk @ Manne be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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

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Order Date :- 4.1.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ishityaqk @ Manne v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Case brief

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Ishityaqk @ Manne v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Case brief

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