Allahabad High Court
Sunahari Lal vs State Of U.P. on 18 April, 2018
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14333 of 2018
Applicant :- Sunahari Lal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Prakash Singh Kushwaha
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vijay Prakash Singh Kushwaha, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
According to the prosecution case the complainant has lodged a report against unknown persons alleging therein that his minor son aged about 8 years has been kidnapped on 16.10.2017.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is not named in the first information report. It is next contended that the victim Rehan has been recovered by the Investigating Officer on 8.10.2017 from the possession of two persons namely, Pradeep Kumar and Sandeep @ Lalu Yadav. Nothing has been recovered from the possession of the applicant. It is further contended that the name of the applicant as an accused in the present case surfaced for the first time in the confessional statement of co-accused Pradeep Kumar and Sandeep @ Lalu Yadav after when they were taken into custody. It is lastly submitted that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 16.10.2017.The applicant has other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicantSunahari Lal involved in Case Crime No. 343 of 2017\, under Sections 364-A 411 I.P.C., Police Station Sahawar, District Kasganj (Kanshi Ram Nagar) be released on bail on his furnishing a personal bond of Rs. 1.00 lac with two sureties(One should be of his family member) each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 18.4.2018
IA
