Allahabad High Court
Sourabh Singh Bhadoriya vs State Of U.P. on 8 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27072 of 2019
Applicant :- Sourabh Singh Bhadoriya
Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Sushil Kumar Rathore, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that Ankit Singh (Mithu) aged about 15 years was missing from 22.5.2018, his dead body was found on 23.5.2018, receiving two injuries on neck. During investigation, Omji was arrested by the police, he confessed the offence and stated that he killed Ankit Singh with the help of Akhil and knife used in this crime and blood stained cloth were recovered on the pointing out of Omji. He further stated that he abducted him and demanded Rs. 30,00000/- (thirty lacs) with the help of Akhil and applicant.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. The name of applicant was disclosed by co-accused Omji in his confessional statement before the police personnels. Akhil has taken money Rs. 15,000/- from the applicant to return within one month but when not return, applicant demanded his money due to which he has been falsely implicated in this case. The name of applicant was disclosed after thought and due legal consultation. There is no legal evidence against the applicant except the confessional statement of co-accused Omji before the police personnels. Main role was assigned to co-accused Omji and Akhil. The case of applicant is distinguishable from co-accused Omji and Akhil. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 13.12.2018 (near about seven months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Sourabh Singh Bhadoriya involved in Case Crime No. 98 of 2018, under Sections 363, 302, 201, 120-B IPC, Police Station Rampura, District Jalaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.7.2019
A. Singh
