Allowed

Kurkut Alias Jibreel Khan Alias Jibrail v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Where the brother and mother of the deceased – key witnesses in a dowry-related Section 302 IPC case

Allahabad HC13 Nov 2024BAIL/3704/2024

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What is this about?

Bail application under Section 439 Cr.P.C. in a murder FIR, with P.W.-1 (brother of deceased) not supporting the prosecution case and P.W.-2 (mother) declared hostile. Court found it a fit case for bail and granted release on personal bond and two sureties with standard conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties each in like amount to satisfaction of court concerned, with conditions on attendance at trial dates.

Kurkut Alias Jibreel Khan Alias Jibrail vs… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:75034

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3704 of 2024

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Applicant :- Kurkut Alias Jibreel Khan Alias Jibrail Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh, J.

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Heard Sri Abhishek Mishra, learned counsel for the applicant, Sri Rajdeep Singh, learned A.G.A.-1 and perused the record.

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Supplementary affidavit filed today is taken on record.

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The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR/Case Crime No.51 of 2023, under Section 302 IPC, Police Station Nawabganj, District Bahraich.

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Learned counsel for the applicant submits that P.W.-1, brother of the deceased, has not supported the prosecution case in his cross-examination and he has deposed before the Court that he lodged the report on the basis of the hearsay made on behalf of the villagers and later on he came to know that his sister had gone to pump set to fetch water, which was installed in the field. Her Dupatta was fastened in the pump set and that is why she died. Thus, he has not supported the prosecution case in his crossexamination. Similarly, P.W.-2, mother of the deceased, has been declared hostile and she has also not supported the allegation of dowry demand against the applicant.

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Learned counsel for the applicant further submits that after looking to the statements of P.W.-1, brother of the deceased, and P.W.-2, mother of the deceased, at the moment it cannot be inferred that applicant was

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involved in commission of crime. Apart from it, applicant has been in jail since 20.03.2023 and there is no criminal history against him.

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Learned AGA has opposed the prayer for bail, but could not dispute the fact that P.W.-1, brother of the deceased, has not supported the prosecution case in his cross-examination and P.W.-2, mother of the deceased, became hostile.

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Considering the above facts and circumstances of the case and also the fact that P.W.-1, brother of the deceased, has not supported the prosecution case in his cross-examination and P.W.-2, mother of the deceased, became hostile, this Court finds it to be a fit case for bail.

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Let applicant Kurkut Alias Jibreel Khan Alias Jibrail be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(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.

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(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.

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(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

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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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(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.

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(Brij Raj Singh, J.)

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Order Date :- 13.11.2024 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Kurkut Alias Jibreel Khan Alias Jibrail v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

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Kurkut Alias Jibreel Khan Alias Jibrail v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Case brief

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