Allahabad High Court
Pravej Alias Mallu vs State Of U.P. on 22 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16381 of 2019
Applicant :- Pravej Alias Mallu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Agarwal
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against unknown. During investigation the name of co-accused Moni @ Parmender and Shakir came into light in the second statement of informant Satish Kumar. Smt. Navinta, wife of the deceased has also not disclosed the name of applicant and Nityansh, son of the deceased has also not disclosed the name of applicant. Vineet Thakur in his statement has stated that that he came to know that Moni @ Parmender @ Akshaya have got murdered the deceased by applicant and one Ajay @ Lade. In the confessional statement of Ajay @ Lade it has come that the applicant and co-accused Ajay @ Lade reached at the house of the deceased and on the instigation of Moni @ Parmender @ Akshya co-accused Ajay @ Lade fired upon the deceased. It has further been submitted that except the confessional statement of co-accused and applicant there is no other cogent evidence against the applicant. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The co-accused Shakir has already been released on bail by another bench of this court vide order dated 11.4.2019 in Criminal Misc. Bail Application No. 14996 of 2019, therefore, the applicant is also entitled for bail. It has further been submitted that after this incident the applicant has falsely been implicated in one police encounter case. Except this there is no previous criminal history of the applicant. The applicant is in jail since 11.1.2019.
Per contra; learned A.G.A. has opposed the prayer for 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 Pravej alias Mallu involved in Case Crime No. 1145 of 2018, under section 302, 120B, 34 IPC, P.S. Khatauli, District Muzaffar Nagar 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 :- 22.4.2019
Masarrat
