Second bail application under Section 302 IPC in Case Crime No.120 of 2022. Applicant not named in FIR; parents of the deceased (PW-1 and PW-2) did not support prosecution case. Court found applicant entitled to bail and released him on bond with conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:49724
Court No. - 32
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3294 of 2024
Applicant :- Manish Chand Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh, J.
in her statement before the court stated that she did not mention the name of the applicant to police. She also had no knowledge about the incident. She denied the entire version of the prosecution in the cross-examination held on 23.02.2024. Similarly, PW-1, Ram Santosh, father of the deceased, in cross-examination has also not supported the prosecution case and he has stated that on the date of incident, he was present in other village. Statement of PW-3 Kuldeep also does not inspire any confidence that he had seen the incident. The applicant has no previous criminal history and he is in jail since 23.07.2022.
conditions:-
(i) 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.
(ii) 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.
(iii) 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.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
.
(Brij Raj Singh, J.)
Order Date :- 23.7.2024 I.A. Siddiqui
Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant, not named in the FIR and implicated later on doubt, should be granted bail in a Section 302 IPC case where key witnesses have turned hostile?
6 provisions across 2 enactments
Manish Chand Yadav
State Of U.P. Thru. Prin. Secy. Home Lko.
Brij Raj Singh
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
