Allahabad High Court
Badakkey Singh And Anr. vs State Of Up on 10 March, 2016
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- BAIL No. - 1522 of 2016
Applicant :- Badakkey Singh And Anr.
Opposite Party :- State Of Up
Counsel for Applicant :- Sunil Kumar Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bachchoo Lal,J.
Supplementary affidavit has been filed on behalf of the applicants be taken on record.
Heard learned counsel for the applicants, learned A.G.A and perused the record.
Learned counsel for the applicants submits that initially the FIR of the alleged incident has been lodged by the complainant against the applicants and two other. The investigating officer has submitted final report in this case. Thereafter, the applicants have been summoned to face the trial on the basis of protest petition filed by the complainant. It has further been submitted that there is no direct evidence against the applicants. In the statements of the witnesses Anoop and Munni lal it has come that they have seen the applicants and other co-accused going in the lane. It has further been submitted that during the investigation, the investigating officer has recorded the statement of witness Virendra Singh, who was pradhan of the village. In his statement it has come that the deceased was in room and the door of the room was closed from out side by the wife of the deceased due to which the deceased has set fire upon him after pouring kerosine oil. It has further been submitted that the applicants have not committed the alleged offence. False allegation has been made against the applicants. The criminal history of the applicants has been explained in para 8 of the supplementary affidavit filed in support of the bail application. The applicants are in jail since 15.1.2016.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicants Badakkey Singh and Kalloo Singh involved in Case Crime No. 93 of 2014, under Sections 452, 302 IPC and 3 (2) (5) SC/ST (P.A.) Act, P.S. Baghauli, District Hardoi be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicants.
Order Date :- 10.3.2016
A.
