Aabid vs State Of U.P.
2016 Latest Caselaw 2247 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 13
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11426 of 2016
 

 
Applicant :- Aabid
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mahendra Narain Singh,Mahesh Narain Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar, J.

Heard learned counsel for the appellants and learned A.G.A for the State and perused the record.

As per prosecution version, on 05.10.2015 at about 8:15 p.m. complainant and his uncle Ganesh Prajapati, aged about 85 years, were sleeping, then at about 9:30 p.m. Surendra Rajbhar came at the house of informant and told him that his wife has told him that a person was beating his uncle Ganesh; that immediately then informant rushed and saw a person fleeing towards village wearing T. Shirt and white pant, but he could not recognized him. The F.I.R was lodged one the same date. The incident occurred at about 9:30 p.m., whereas the F.I.R was lodged at 10.45 p.m., but no person was named in the F.I.R. On the next date, in the statement under Section 161 Cr.P.C. of wife of Surendra Rajbhar, Smt. Meera Devi was taken then she revealed the name of the accused. There is hardly any ground as to why she did not tell the name of accused on the date of F.I.R. No motive was also asserted so the bail of applicant deserves to be allowed.

Seen the facts contended by learned counsel for the applicant and the fact that applicant is in jail since 06.10.2015.

Learned A.G.A for the State opposes the prayer for bail.

Considering 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, I think it is a fit case for bail.

Let the applicant ? Aabid, involved in Case Crime No. 1150 of 2015, under Section 302 I.P.C, Police Station Kotwali, District Deoria, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

Order Date :- 4.5.2016

Vinod.