Krishna vs State Of U.P.
2016 Latest Caselaw 5646 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34818 of 2014
 

 
Applicant :- Krishna
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla,Yogesh Srivastava
 
Counsel for Opposite Party :- Govt. Advocate,Dwijendra Prasad
 

 
Hon'ble Mohd. Tahir,J.

The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 213 of 2014, Under Section- 364, 302, 392, 411, 201 IPC, P.S. Linepar, District Firozabad.

Heard learned counsel for the accused-applicant, learned A.G.A. appearing for the State and also perused the record.

Learned counsel for the accused-applicant has submitted that it is a case of circumstantial evidence; that there is only the evidence of last seen of three witnesses including the first informant of this case; that they have stated that they had seen the deceased with the applicant on 23.3.2014 but the post mortem report of the deceased indicates that she was done to death around 7-8 April, 2014, during this period of about two weeks there is no evidence that anybody had seen the deceased with the applicant; that the recovery of the motorcycle shown against the applicant after about two months of the occurrence so the same also does not connect the accused-applicant with the crime in question and that the applicant is in jail since 24.5.2014. So, the accused-applicant should be enlarged on bail.

Learned A.G.A. has opposed the prayer for bail.

Considering all the facts and circumstances of the matter and the submissions of the counsel for the applicant,  but without expressing any opinion on the merit of the case, I find it proper to enlarge the accused applicant on bail.

The bail application is, accordingly, allowed.

Let the accused-applicant, namely, Krishna involved in the above case crime number 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.

Order Date :- 2.9.2016

praveen.