Bechelal Alias Shankar vs State Of U.P.
2019 Latest Caselaw 3587 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17677 of 2019
 

 
Applicant :- Bechelal Alias Shankar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Manoj Kumar Srivastava
 
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 the applicant is not named in the FIR. The FIR was lodged by Smt. Savitri Devi, wife of deceased on 11.2.2018 against Amarpal, Om Prakash, Mahendra Pal and Daya Ram @ Satish. The informant in her first statement has also not disclosed the name of applicant. She made allegation against named persons. After 7 months in her second statement the informant Smt. Savitri Devi has disclosed the name of applicant and has stated that the applicant has helped other co-accused in committing the murder of the deceased. It has further been submitted that in fact the applicant has no concern with the alleged incident. The name of applicant has been disclosed by the wife of the deceased after 7 months of the alleged incident. The applicant has no concern with other co-accused. The co-accused Amarpal, Om Prakash and Mahendra Pal have already been released on bail by another bench of this court vide orders dated 22.1.2019, 28.2.2019 and 8.3.2019 respectively, therefore, the applicant is also entitled for bail. The applicant has not caused any injury to the deceased. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant is innocent and has falsely been implicated in the present case. . The criminal history of the applicant has been explained in para 18 of the affidavit filed in support of the bail application. The applicant is in jail since 3.10.2018.

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 Bechelal alias Shankar involved in Case Crime No. 44 of 2018, under section 302/34, 201, 120B IPC, P.S. Nawabganj, District Bareilly 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 :- 26.4.2019

Masarrat