Allahabad High Court
Bade Lal vs State Of U.P. on 20 July, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23794 of 2016
Applicant :- Bade Lal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Kant Mishra,Rajeev Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar, J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the accused-applicant that F.I.R. was lodged on 15.02.2016 and the accused-applicant was not named in the F.I.R. It is written in the F.I.R. that on 12.02.2010 at about 09:00 p.m. in the night, his son was seen with the named accused persons ? Vikki, Shanu and Rajesh and the named accused were quarreling with the deceased at about 10:00 p.m. near Vikas Bhawan. The passersby interfered in the quarrel that took place between the boys and thereafter, all the named accused persons took Ashish and went away from the place. It is submitted by learned counsel for the accused-applicant that applicant is not named in the F.I.R. It is also submitted that the person who informed the complainant regarding the incident has also not been disclosed in the F.I.R. The name of the witnesses-Lakmi Prasad was revealed by the complainant on 16.02.2016 and on whose statement the complicity of the applicant has been revealed. It is also stated by learned counsel that body of the deceased was recovered on the pointing out of Vikki and Shanu. It is next contended that the applicant is in jail since 16.03.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Whereas learned A.G.A opposed the bail and submitted that complicity of the applicant in commission of crime is quite apparent.
Considered the submission made by learned counsel for the appellant and also considered the facts brought before this Court and found and can be inferred that only material evidence against the accused appellant is recovery of murdered weapon on the pointing of, whereas body was recovered at the pointing out of co-accused Vikki @ Ratnesh, and the witness who named the accused-applicant is a chance witness. It is also not clear whether he was known to the accused applicant prior to the incident or not.
In the facts and circumstances of the case the complicity of the accused-applicant is not very clear and seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.
Let the applicant ? Bade Lal involved in Case Crime No. 94 of 2016, under Sections 364, 302, 201, 34 I.P.C, Police Station ? Civil Lines, District ? Allahabad, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 20.07.2016.
Vinod.
