The Allahabad High Court while rejecting a bail application has directed the courts below in the State of Uttar Pradesh to attend the issue of criminal antecedents of accused persons while deciding bail applications under Section 439 Cr.P.C. and give a complete detail of the criminal antecedents, if any, of the applicants/accused before them or record the fact that there are no criminal antecedents of the said persons if there are none.
“Looking to the facts and circumstances of the case, the nature of evidence and gravity of offence and specially keeping in view of the fact that in the viscera report presence of Organo Chloro insecticide and Ethyl Alcohol poison was found and long criminal antecedents of the applicant, I do not think it to be a fit case to release the applicant on bail.”
The above decision has given by single Bench of Justice Samit Gopal while rejecting the bail application filed by Uday Pratap. The present bail application has been filed by the applicant Uday Pratap under Section 439 of Code of Criminal Procedure seeking enlargement on bail during trial in connection with Case registered against him under Sections 364, 302, 201, 120B and 34 I.P.C., registered at P.S. Phareeha, District Firozabad.
The counsel on behalf of applicant-accused has argued that in so far as the applicant is concerned, he is not named in the F.I.R., his implication has surfaced for the first time in the statement of co-accused persons and there is no recovery of any incriminating material either from pointing out or possession of the applicant.
The counsel on the behalf of respondent while opposing the bail application has argued that the applicant was also seen moving out from the place where the deceased and other co- accused persons were consuming liquor. The applicant was also seen together with the deceased having liquor by Dinesh, the younger brother of the deceased.
It is further argued that all the accused persons in a clandestine manner gave poisonous substance to the deceased as a result of which he died, which also gets fortified from the report of chemical analyst from which poison has been found in the viscera.
The counsel on behalf of respondent has also pointed out that the applicant is involved in seven other criminal cases and even history sheet has been opened. The details of involvement of the applicant in seven other criminal cases have been also placed before the Court by the respondent.
The court has also directed the Registrar General of this Court to communicate this order to all the District and Sessions Judges of the State, to ensure the immediate implementation of this order by the courts in their jurisdiction.
The court has listed the present matter on 29.1.2021 for next hearing.
Case details:
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43160 of 2020
Applicant :- Uday Pratap @ Dau
Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra Singh
Counsel for Opposite Party :- G.A.,Satya Narayan Yadav
Bench: Justice Samit Gopal
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