Allowed

Umesh v. State of U.P.

Allahabad HC7 Feb 2025BAIL/3454/2025

Case brief

AI extract

What is this about?

Bail application under Sections 147, 148, 302, 120-B and 34 IPC for an applicant unnamed in the FIR, implicating him via recovery of an iron rod. Court noted delayed trial and jail overcrowding, relied on Manish Sisodia, and released the applicant on bail with conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to conditions regarding evidence tampering and attendance at trial.

Umesh vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:18466

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3454 of 2025

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Applicant :- Umesh Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Umesh, with a prayer to release him on bail in Special Sessions Trial No. 267 of 2024, Case Crime No. 559 of 2023, under Sections 147, 148, 302, 120-B and 34 of IPC, Police Station- Ujhani, District- Budaun during pendency of trial.

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Learned counsel for the applicant has submitted that the applicant was not named in the F.I.R. Subsequently, on the basis of recovery of an iron rod six persons were implicated. It is a case of circumstantial evidence. There is no eye witness of the incident. Co-accused, Pinku, has already been enlarged on bail vide Criminal Misc. Bail Application No. 22149/2024. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since25.10.2023. The trial in the aforesaid case is not likely to be concluded in near future.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail, she will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement passed in Criminal Appeal No. .../2024 and considering 5-6 times overcrowding in jails over and above their capacity by under trials

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and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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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(v) 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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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 7.2.2025 Abhishek

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Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad

Umesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Umesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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