Allowed

Kuldeep v. State of U.P., Thru. the Prin. Secy. Deptt. of Home, Govt. Lko.

Allahabad HC5 Feb 2024BAIL/1253/2024

Case brief

AI extract

What is this about?

Bail application in an FIR alleging murder of the applicant's wife. Court found prima facie evidence weak — recovery of the weapon was late and without independent witnesses — noted explained criminal history and custody since 22.06.2023, allowed bail with standard conditions.

What did the court decide?

Applicant released on bail on personal bond with two sureties under stated conditions.

Kuldeep vs State of U.P., Thru. the Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62128

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1253 of 2024 Applicant :- Kuldeep Opposite Party :- State Of U.P., Thru. The Prin. Secy. Deptt. Of Home, Govt. Lko.

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Counsel for Applicant :- Srees Kumar Srivastava,O.P. Tiwari,Smriti Counsel for Opposite Party :- G.A.,Shashank Srivastava

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Hon'ble Pankaj Bhatia,J.

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1. Supplementary affidavit filed today in Court is taken on record.

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2. Heard learned counsel for the applicant, learned AGA and perused the record.

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3. The applicant seeks enlargement on bail in FIR No.352 of 2023, under Section 302, 201 IPC, P.S. Gangaghat, District Unnao.

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4. The FIR in question was lodged alleging that sister of the informant was married to the applicant and subsequently, the applicant had solemnized another Court marriage with another woman because of which there used to be occasional fights in between the sister of the informant and the applicant. It was stated that on 15.06.2023 the sister of the informant had come to his home, however, the two nephews did not come. It was also stated that subsequently on 17.06.2023, the applicant had called the sister of the informant and had informed that he would come and pick her up and thereafter, the applicant came and took the sister of the informant. Thereafter, she was found dead and her phone was switched off, as such, an apprehension was expressed that the applicant alongwith his entire family members had killed the sister of the informant. All the family members of the applicant were implicated in the FIR. Subsequently, based upon a confessional statement, the applicant was linked with the offence in question.

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5. In the light of the said, the submission of learned counsel for the applicant is that apart from the confessional statement, there is no material to link the applicant with the offence in question. The cause of death as per the postmortem report, is ante mortem injuries which include incised wound over the right side of neck and a lacerated wound on the neck. He further argues that the recovery of Fawda from the applicant is after two months and that too not in the presence of independent witnesses.

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6. Learned AGA has opposed the bail application.

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7. Considering the arguments as recorded above, prima-facie, the material to link the applicant with the offence in question are weak, as such, the applicant who is in custody since 22.06.2023 and has explained criminal history of three cases in which either the final report has submitted or the applicant has not been summoned, is entitled to be enlarged on bail. In view thereof, the application is allowed.

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8. Let the applicant Kuldeep 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:

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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 :- 9.9.2024 nishant

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

Kuldeep v. State of U.P., Thru. the Prin. Secy. Deptt. of Home, Govt. Lko.

Case brief

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Kuldeep v. State of U.P., Thru. the Prin. Secy. Deptt. of Home, Govt. Lko.

Case brief

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