Rikendra @ Monu vs State Of U.P.
2014 Latest Caselaw 8199 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36480 of 2014
 

 
Applicant :- Rikendra @ Monu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Raghuraj Kishore
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shashi Kant Gupta,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant was neither named in the F.I.R. nor any identification parade was conducted. He further submits that the name of the applicant came into light after  two months   in the confessional statement of  accused applicant. before  the police  which has no  evidential value  in the eyes   of law.  He further submits that even during investigation no credible evidence was found against the applicant connecting him with the alleged offence. He  further  submits that, in fact,  no recovery of any weapon allegedly used in the   alleged incident, was made from the   possession of the applicant  and  the recovery of the  alleged country made pistol from his possession was  fake and  fabricated  just to connect him with the alleged incident.  He further  submits that  co accused  Amit  is  the main accused and the applicant  has been implicated merely on the basis of suspicion.  Referring to  the  averments made in para 12 of the  affidavit filed in support of the bail  application, he further  submits  that so far as the  allegation    regarding applicant's involvement  in  other  criminal cases  is concerned, he has been acquitted in  all the cases. He further submits that the applicant has not committed any such offence as alleged by the prosecution and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that  there are no chances of his fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 2.8.2014.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

Let the applicant Rikendra alias Monu  involved in Case Crime No.  255 of 2014  under Sections   302,404 I.P.C., P.S.  Singhawali Ahir, District Baghpt  be released on bail on his 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 will not tamper with the evidence during the trial.

(ii) The applicant will not pressurise/ intimidate the prosecution witness.

(iii)The applicant will appear before the trial court on the date fixed.

(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.

In case of breach of any of the above conditions , the court below shall be at liberty to cancel the bail.

Order Date :- 11.11.2014

MLK