High Court
Case Details
Neutral Citation No. - 2025:AHC:24024 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46380 of 2024 Applicant :- Umesh Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.,Mahendra Singh Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf o the applicant is taken on record.
Legal Reasoning
2. Heard Sri S.K. Mishra, learned counsel for the applicant, Sri Mahendra Singh, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 99 of 2024, under Sections 302/34 IPC, Police Station Hazratpur, District Budaun during pendency of the trial. 4. FIR of the present case was lodged on 02.06.2024 against applicant and three others and according to the FIR on 31.05.2024 in the afternoon when son of the informant who studied in class 3rd was returning to his home then on the way applicant and other accused persons intercepted him and committed his murder by beating him. It is further mentioned in the FIR that the incident has been witnessed by Veeresh S/o Mahendra Singh and Vijaypal S/o Poshiram. 5. Learned counsel for the applicant submits, from the FIR it reflects, informant of the case is not an eye witness and however according to him Veeresh and Vijaypal witnessed the incident but surprisingly Vijaypal has not been made witness in the charge- sheet. He further submits, however, Investigating Officer recorded the statement of witness Veeresh during investigation which has been annexed along with instant bail application but from its perusal it could not be reflected that he was eye witness. 6. He further submits, however, on 19.07.2024 i.e. after one and half months Investigating Officer recorded the statements of three witnesses namely Sujan Singh, Ram Nath and Shyampal and they stated that due to the assault made by applicant and other accused persons deceased sustained injuries and died but as their statements were recorded after one and half months, therefore, no reliance can be placed on their testimony. He further submits, even their statements do not appear to be convincing. 7. He next submits, from the post mortem, it reflects that deceased died due to rupture of liver and from the statement of doctor Balram Singh recorded by the Investigating Officer during investigation which has been annexed at page-71 of the paper- book, it reflects, this injury can be sustained by the deceased through circular pipe, therefore, it may be a case of accidental death as deceased might have sustained injury on his abdomen accidentally and after his death due to previous enmity, applicant has been made accused in the present matter. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 25.07.2024 i.e. for last almost seven months. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted three eye witnesses Sujan Singh, Ram Nath and Shyampal stated against the applicant but could not dispute the fact that their statements were recorded after one and half months. 10. Learned counsel appearing on behalf of the informant however further submitted that family members of the applicant and other accused persons are continuously pressurizing the informant side and on 07.09.2024 they made assault upon the informant and due to the assault made by them, deceased sustained number of injuries, therefore, there is possibility that after released on bail applicant would misuse the liberty of bail, therefore, considering the totality of facts and circumstances of the case, he should not be released on bail. 11. I have heard learned counsel for the parties and perused the record of the case. 12. From the record it reflects entire prosecution case is based on the statements of three eye witnesses but their statements were recorded after one and half months. Therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that it is not safe to rely upon their statements. Further, even their statements do not appear to be convincing. 13. Further, however, it reflects, a FIR has been lodged by the informant against the family members of the applicant and others on 08.09.2024 with regard to the incident of assault dated 07.09.2024 and it also reflects, he also sustained injuries but at this stage merely due to this reason, it cannot be said that applicant after released on bail will misuse the liberty of bail. 14. Further, it will be open for the informant to make a prayer for cancellation of the bail of the applicant if after released on bail he would misuse the liberty of bail granted to him. 15. Further, applicant is not having any criminal history and in the present matter he is in jail since 25.07.2024 i.e. for last almost seven months. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant - Umesh 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:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (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. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. 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. 20. It is clarified that the observations made herein are limited to 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. Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Order Date :- 19.2.2025/AK Pandey