Allahabad High Court
Bhagirath vs State Of U.P. on 13 November, 2014
Bench: Shashi Kant Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36393 of 2014
Applicant :- Bhagirath
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Mishra
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 not named in the F.I.R. and his name came into light after eight days of the alleged incident in the statement of the so called eye witness Thakurdas. He further submits that there is no cogent and convincing evidence against the appellant connecting him with the alleged incident and has been implicated merely on the basis of the statement of the witness Thakurdas who has stated that in the night of the alleged incident he was sleeping in the room of the deceased and the applicant and co accused Pappu had come on the spot and wanted to sleep there but when they were not allowed to do so they became furious and started assaulting the deceased resulted in to his death there after they took away the decease on their motor cycle and in the next morning at about 8.00 A.M. his dead body was found lying near a canal. He further submits that it is very surprising to note that the alleged witness namely Thakurdas , who claims himself to be an eye witness of the alleged incident, had lastly seen the victim in the company of the accused persons but, neither he reported the matter to the police nor disclosed the said fact to any one including the informant nor tried to save the decased and remained silent for about eight days . He further submits that the prosecution story is highly unbelievable and improbable and does not inspire any confidence. He further submits that the applicant has been implicated merely on the basis of alleged last seen evidence which is very fragile and shaky and does not complete the chain of events, thus it is a case of circumstantial evidence and there is no direct evidence against the applicant. He further submits , in fact, there is not eye witness account of the alleged incident and the so called witness Thakurdas was set up just to work out a case against the applicant. He further submits that except the alleged evidence of last seen there is not even a single iota of credible and convincing evidence connecting the applicant with the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him on the basis of a solitary evidence of last seen due to village enmity and political rivalary. 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 is no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 8.7.2014.
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 Bhagirath involved in Case Crime No. 274 of 2014 under Sections 302, 201 I.P.C., P.S. Ujhani , District Badaun 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 pressurize/ 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 :- 13.11.2014
MLK
