Subhash vs State Of U.P.
2019 Latest Caselaw 3357 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16621 of 2019
 

 
Applicant :- Subhash
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Shyam Babu Vaish
 
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.

Learned counsel for the applicant submits that applicant is not named in the FIR. The FIR of the alleged incident was lodged against unknown by Rajesh Sharma, son of the deceased on 30.9.2018 mentioning therein that the deceased Adesh had gone on 28.9.2018 for labour after taking E-Rickshaw on rent. Thereafter, informant Rajesh Sharma in his statement recorded under section 161 Cr.P.C. has stated that his son Prateek Sharma had seen the applicant, co-accused Sachin and Vinod going on E-Rickshaw on 28.9.2018 at about 11.00 a.m. It has further been submitted that if Prateek Sharma who is the son of Rajesh Sharma had seen the applicant going on E-Rickshaw then he may disclose this fact to the informant at the time of lodging of the FIR but he has not disclosed this fact to the informant. It has further been submitted that recovery of two batteries of alleged E-Rickshaw has been shown from the possession of co-accused Sachin and recovery of two batteries of the alleged E-Rickshaw has been shown from the possession of co-accused Vinod. There is no recovery from the possession of the applicant or on his pointing out. Except the evidence of last seen and confessional statement of 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. The applicant has no criminal history and is in jail since 1.10.2018.

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 Subhash involved in Case Crime No. 1382 of 2018, under section 363, 302, 201, 392, 411 IPC, P.S. Kotwali Dehat, District Bulandshahr 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 :- 23.4.2019

Masarrat