Allowed¶14

Munna Kampat v. State of U.,P.

Allahabad HC19 Feb 2025BAIL/5385/2025

Case brief

AI extract

What is this about?

Munna Kampat; bail granted; Allahabad High Court; Sameer Jain J.; CRIMINAL MISC. BAIL APPLICATION No. 5385 of 2025; Case Crime No. 115 of 2021; sections 147, 148, 302, 506 IPC; Police Station Anwarganj, District Kanpur Nagar; murder FIR 27.12.2021; circumstantial evidence, no eyewitness; parity with co-accused Ujair (Criminal Misc. Bail Application No. 35849 of 2023, order dated 6.12.2023); incarceration since 29.12.2021 exceeding three years; personal bond and two sureties; observations without bearing on trial merits; order dated 4.3.2025; Neutral Citation 2025:AHC:30367.

What did the court decide?

Applicant Munna Kampat to be released on bail in Case Crime No. 115 of 2021 on furnishing a personal bond and two sureties each in the like amount, subject to the stated conditions of attendance, non-tampering and lawful conduct. ¶14

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, Munna Kampat, charged under sections 147, 148, 302, 506 IPC in Case Crime No. 115 of 2021 (Police Station Anwarganj, District Kanpur Nagar) in a murder case said to rest on circumstantial evidence, should be released on bail during pendency of the trial.

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Court's answer

Although named in the FIR, the applicant appears to have been implicated on the basis of suspicion, and his case is at par with co-accused Ujair who has already been released on bail by a co-ordinate Bench of this Court.

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Ratio / Principle

It is a case of circumstantial evidence and, apart from suspicion and motive, there is no other cogent evidence against the applicant on record.

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Key takeaways

The applicant has been in jail since 29.12.2021, i.e. for more than three years.ratio¶12
Considering the facts and circumstances discussed above, in the court's view the applicants are entitled to be released on bail.ratio¶13
Without expressing any opinion on the merits of the case, the instant bail application is allowed.ratio

Detailed headnote1 paragraphs

Bail granted - Murder (Sections 147, 148, 302, 506 IPC; Case Crime No. 115 of 2021, Police Station Anwarganj, District Kanpur Nagar): High Court of Judicature at Allahabad (Hon'ble Sameer Jain, J.) allowed Criminal Misc. Bail Application No. 5385 of 2025 of applicant Munna Kampat, finding (i) that although named in the FIR lodged on 27.12.2021 he appeared to have been included merely on suspicion; (ii) that the case rests on circumstantial evidence with no cogent evidence on record apart from suspicion and motive; (iii) that his case stands at par with co-accused Ujair, already released on bail by a co-ordinate Bench vide order dated 6.12.2023 passed in Criminal Misc. Bail Application No. 35849 of 2023; and (iv) that he had been in jail since 29.12.2021, i.e. for more than three years. Bail allowed without expressing any opinion on the merits; release ordered on a personal bond and two sureties each in the like amount with standard conditions, breach permitting prosecution to seek cancellation; observations expressly limited to the disposal of the bail application and declared to have no bearing on the trial. Order dated 4.3.2025; Neutral Citation No. 2025:AHC:30367.

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Neutral Citation No. - 2025:AHC:30367

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5385 of 2025

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Applicant :- Munna Kampat Opposite Party :- State Of U.,P. Counsel for Applicant :- Afjal Ahmad,Faraz Ahmed Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Afjal Ahmad, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 115 of 2021, under sections 147, 148, 302, 506 IPC and Police Station- Anwarganj, District Kanpur Nagar during pendency of the trial.

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FIR of the present case was lodged on 27.12.2021 against applicant and co-accused on the basis of suspicion with regard to the murder of son of the informant.

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Learned counsel for the applicant submits, however applicant has been named in the FIR along with others but it appears on the basis of suspicion he was named in the FIR.

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He further submits, it is a case of circumstantial evidence and there is no eye witness account and it reflects except suspicion and motive there is no cogent evidence against the applicant on record.

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He further submits, along with the applicant co-accused Ujair was also made accused in the FIR of the present case and he has already been released on bail by co-ordinate Bench of this Court vide order dated 6.12.2023 passed in Criminal Misc. Bail Application No. 35849 of 2023 and on facts case of applicant is at par with him.

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He further submits, applicant is not having any criminal history and in the present matter, he is in jail since 29.12.2021 i.e. for last more than three years.

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Per contra, learned AGA opposed the prayer for bail but could

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not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, applicant is named in the FIR but it appears on the basis of suspicion he was named in the FIR along with others including co-accused Ujair and co-accused Ujair has already been released on bail by co-ordinate Bench of this Court and on facts case of applicant is at par with him.

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Further, even from the record it reflects, it is a case of circumstantial evidence and except the suspicion and motive, there is no other cogent evidence against the applicant on record.

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Further, in the present matter, applicant is in jail since 29.12.2021 i.e. for last more than three years.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant -Munna Kampat be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to

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the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. .

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Order Date :- 4.3.2025 Neeraj

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Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad

Munna Kampat v. State of U.,P.

Case brief

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Munna Kampat v. State of U.,P.

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