Molla @ Mulendrapal Singh @ ... vs State Of U.P.
2019 Latest Caselaw 5647 ALL

Citation : 2019 Latest Caselaw 5647 ALL
Judgement Date : 8 July, 2019

Allahabad High Court

Molla @ Mulendrapal Singh @ ... vs State Of U.P. on 8 July, 2019

Bench: Arvind Kumar Mishra-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27052 of 2019
 

 
Applicant :- Molla @ Mulendrapal Singh @ Manendrapal Singh And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Anil Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicants and the learned A.G.A. for the State.

Argument on behalf of the applicants has been extended to the effect that in this case, applicants are innocent and have been falsely implicated in this case. Further, he adds that the actual facts are that prior to the alleged incident in question the very same day (22.5.2019) sister of one of the co- accused Deepu @ Deepak was allegedly molested by the son of the deceased. It so happened that the accused side went to the house of the deceased for complaining about the aforesaid fact when the matter got flared up by the act of the informant side itself, wherein both the sides sustained injuries, consequently, F.I.R. lodged. Under the aforesaid factual backdrop, it cannot be said that the applicants side was bent upon causing any injury ending in the death of Ram Pal. Thre was no motive for committing the offence. In case, the applicants are admitted to bail, there are no possibility of absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 27.5.2019 in the present case.

The learned A.G.A. has vehemently opposed the prayer.

Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

Let the applicants- Molla @ Mulendrapal Singh @ Manendrapal Singh and Chandrabhan Singh- involved in case crime no.383 of 2017, under Sections 147, 149, 452, 354, 354A, 323, 324, 325, 504, 506, 304 IPC, Police Station Hasayan, district Hathras be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 8.7.2019

Raj