Allowed

Ranjeet Kori v. State of U.P. Thru. Prin. Secy. Home, Lko.

Allahabad HC8 Feb 2024BAIL/1460/2024

Case brief

AI extract

What is this about?

Single Judge of the Allahabad High Court allowed bail application in a murder case involving circumstantial evidence, missing body, and confessed evidence, imposing standard bail conditions including prohibition of tampering with evidence and witnesses.

What did the court decide?

Applicant released on bail furnishing personal bond and two sureties in the like amount.

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

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Neutral Citation No. - 2024:AHC-LKO:13406

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1460 of 2024

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Applicant :- Ranjeet Kori Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Pravin Kumar Singh,Avinash Chandra 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 accusedapplicant seeking bail in Case Crime No.77 of 2023 under Sections 302, 506, 201, 120-B Indian Penal Code, Police Station Udaipur, District Pratapgarh. It is alleged in the First Information Report that Deepak Singh, who is nephew of the informant, is missing since night 12-3 a.m. The informant went to village Pure Basawan then he came to know that his nephew Deepak Singh went along with Ankit Yadav and he has been murdered and dead body has been concealed.

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Learned counsel for the applicant submits that there is no eye witness to the incident. There is no last scene evidence. There is not even extra judicial confession against the applicant. Except the confessional statement of the applicant and the co-accused and the recovery of mobile on the pointing of the applicant there is no other material against the applicant. Learned counsel for the applicant submits that the dead body has been received in another district which is approximately 35 kilometers

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away from the village Pure Basawan and it is highly improbable that two persons have taken the deceased with them and no one has even seen them.

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Learned A.G.A. has opposed the bail prayer, however, could not dispute the aforesaid facts.

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On due consideration to the submissions advanced, perusal of the record as also the facts that the applicant is languishing in jail since 28.6.2023, charge-sheet has been filed, the case is of circumstantial evidence and 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. Let the applicant Ranjeet Kori 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

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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 :- 15.2.2024

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Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Ranjeet Kori v. State of U.P. Thru. Prin. Secy. Home, Lko.

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Ranjeet Kori v. State of U.P. Thru. Prin. Secy. Home, Lko.

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