Lalji vs State Of U.P.
2015 Latest Caselaw 4622 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- BAIL No. - 10737 of 2015
 

 
Applicant :- Lalji
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Manoj Kumar Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 1338 of 2015, under sections 363 and 366 I.P.C., P.S. Kotwali Bhinga, district-Shrawasti, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that although the applicant is named in the first information report but the prosecutrix Poonam in her statement recorded under Section 164 Cr.P.C., copy whereof has been filed as annexure-5 to the affidavit accompanying this bail application has not attributed any overt act of any kind to the applicant and has merely stated that he had only requested her to go with his brother Rajesh, who is the main accused.

He lastly submitted that the applicant, who is in jail since 03.10.2015 and has no criminal antecedent to his credit is entitled to be enlarged on bail during pendency of the trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Lalji 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 in Case Crime No. 1338 of 2015, under sections 363 and 366 I.P.C., P.S. Kotwali Bhinga, district-Shrawasti subject to the following conditions:-

(a) The applicant shall attend the court according to the conditions of the bond executed by him.

(b) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

Order Date :- 26.11.2015

Faridul