Virendra vs State Of U.P.
2018 Latest Caselaw 862 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 17
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33375 of 2017
 
Applicant :- Virendra
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Umesh Chandra Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Counter affidavit filed on behalf of State be taken on record.

Heard learned counsel for the applicant,  learned AGA for the State and perused the record.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The first information report is delayed and the same has been lodged with delay of 15 days. There is no satisfactory explanation of delay in lodging the F.I.R. The F.I.R. of the alleged incident was lodged against two persons including the applicant. In first information report, it has been mentioned that the applicant took away the victim Shailendra @ Pujari on 27.5.2017 at about 10.00 a.m. The witnesses Surjit and Rajbir have seen the victim Shailendra at  Panchmukhi Ashram along with applicant and one Bittan. It has been further submitted that except the evidence of last seen there is no cogent evidence against the applicant. There was no motive for the applicant to commit the alleged offence. The applicant has been falsely implicated in this case due to village partibandi. Nothing incriminating has been recovered from the possession of the applicant  or on his pointing out. The co-accused Somwati and Kanhai have already been granted bail by another bench of this court vide orders dated 3.8.2017 and 15.3.2018 respectively. There is no criminal history of the applicant and he is in jail since 13.6.2017.

Per contra, learned AGA opposed the prayer for bail.

Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case,  I am of the opinion that it is a fit case for bail.

Let the applicant Virendra involved in Case Crime No.312 of 2017, under Section 364, 201 IPC Police Station Ujhani District Budaun 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 with the following conditions;

1.  The  applicant will not tamper with the evidences.

2.  The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.

3.  The applicant 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 be at liberty to cancel the bail of the applicant.

Order Date :- 24.5.2018/Gss