Allahabad High Court
Krishna Pal vs State Of U.P. on 16 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15634 of 2019
Applicant :- Krishna Pal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Shanti Dhar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely, Rinku, Baniya @ Amit and Krishnapal alleging that on 24.6.2018 the dead body of Prince, aged eight years, was found in the field. On the basis of suspicion F.I.R. was lodged against three accused persons alleging that they killed the deceased. According to postmortem report, eleven injuries were found on the body of the deceased. During investigation, the statement of the informant as well as witnesses were recorded, it was found that F.I.R. was wrongly lodged against all accused persons and deceased was last seen with Virendra, Himanshu, Deepak and Vikas, who are related with Pradhan. Report under Section 169 Cr.P.C. was prepared. Later on, the Investigating Officer to save the names of some persons, charge-sheet has been submitted against the named accused persons.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. There is no direct evidence against the applicant. The applicant has falsely been implicated only on the basis of suspicion. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. During trial the statements of witnesses Toni (informant), Om Veer, Vijendra Singh, Boby and Babu Ram have been recorded as P.W. 1 to P.W. 5. The above witnesses in their statements have not supported the prosecution version and have been declared hostile. The above witnesses have not made any allegation against the applicant. It has further been submitted that co-accused Rinku and Baniya @ Amit having identical role have already been released on bail by another bench of this court vide orders dated 5.4.2019 and 14.3.2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 26.6.2018.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Rinku and Baniya @ Amit having identical role have already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Krishna Pal involved in Case Crime No. 290 of 2018, under section 302 IPC, P.S. Pilkhuwa, District Hapur be released on bail on his furnishing a personal bond with 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 evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall 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 :- 16.4.2019
Masarrat
