The High Court granted bail to the second accused in a murder case. The single judge held that the principal eye-witness had declared hostile and no evidence existed, making it a fit case for bail without going into merits.
Bail granted on personal bond and two sureties of equal amount.
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.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA2 No.42 of 2022 Hon’ble R.C. Khulbe, J. Mr. N. K Papnoi, learned counsel for the applicant. Mrs. Mamta Joshi, learned B. H. for the State. Accused– Naresh has sought his release on bail in connection with Case Crime/FIR No.104 of 2020, u/s 302 and 506 IPC, registered at P.S. Tanakpur, Distt. Champawat. This is the second bail application. The first bail application has been dismissed for want of prosecution vide order dated 17.11.2021. It is argued that the accused has been falsely implicated; there is no evidence against him; the statements of star witnesses have been recorded; but they did not support the prosecution story; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State fairly admitted this fact. I have also gone through the statement and found that the star witness informant PW-1 Shabana, who was the eye-witness, did not support the prosecution story as alleged in the FIR and has been declared hostile; there is no evidence; accordingly, without making any comment on the merits, it is a fit case for bail at this stage. The bail application is thus, allowed and the applicant is directed to be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. Pending application, if any, stands disposed of. Let a copy of this order be supplied to learned counsel for the applicant, today itself, as per rules. (R.C. Khulbe, J.) 04.03.2022 R.Bisht |
2 issues framed by the court
Whether the accused is entitled to bail in a case u/s 302 and 506 IPC where star witnesses have declared hostile.
Whether non-availability of prospective witnesses constitutes a fit case for bail.
2 provisions across 1 enactments
Naresh
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
