Allahabad High Court
Idrish @ Babu vs State Of U.P. on 26 March, 2014
Bench: Vipin Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33728 of 2013
Applicant :- Idrish @ Babu
Opposite Party :- State Of U.P.
Counsel for Applicant :- N.I. Jafri,Mukhtar Alam
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vipin Sinha,J.
Counter and Supplementary affidavits filed in Court today are taken on record.
Heard Sri Mukhtar Alam, learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 82 of 2013, under Sections 364, 302, 201, 34 I.P.C., P.S. Nagina Dehat, District Bijnor.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case, as the incident is of 21.3.2013 whereas only on 3.4.2013 police was informed about the incident. It has been further contended that Ramesh and Gopal informed the police that the deceased was seen in the company of the present applicant, Anand and Ashok. It has been further contended that accused-applicant has been falsely implicated in the case merely on the basis of false recovery of dead body after 20 days and that too from an open field, whereas the truth of the matter is that the body was recovered on joint pointing out of Anand and [email protected] Babu from a Eukeliptus Chak hidden under the mud. It has also been contended that Anand had already been arrested by the police and was kept in custody for five days with regard to which a telegram was sent on 30.4.2013 and was tortured. It has been further submitted that the applicant was also taken into custody, however, no telegram was sent. The contention being that the body was recovered on the pointing out of Anand, who was already arrested by the police and was tortured, thus, no significance can be attributed to the said recovery of the body. Regarding the detention of the Anand and Ashok, copy of which has been annexed as Annexure SA2 to the supplementary affidavit. It has been contended that the applicant has no criminal history and there is no direct evidence against the applicant, apart from the 'last seen' evidence. The accused applicant is in jail since8.4.2013.
The bail application has been vehemently opposed by learned A. G. A.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Idrish @ Babu involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.3.2014/Kuldeep
