Pappu vs State Of U.P.
2019 Latest Caselaw 6068 ALL

Citation : 2019 Latest Caselaw 6068 ALL
Judgement Date : 9 July, 2019

Allahabad High Court

Pappu vs State Of U.P. on 9 July, 2019

Bench: Sudhir Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22145 of 2017
 

 
Applicant :- Pappu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Anil Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sudhir Agarwal,J.

1. Heard Sri Anil Kumar, learned counsel for applicant and learned A.G.A. for State.

2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 867 of 2013, under Sections 147, 302 I.P.C., Police Station Kasganj, District Kasganj.

3. It is contended that applicant has been falsely implicated. He is resident of Sakeet, District Etah and not residing at the place of incident and in the statement of deceased also she has given the name of Sadab who has put the deceased on fire. Even alleged eye witnesses Naseen and Khushnuma, children of deceased, have not named the applicant in their statements recorded under Section 161 Cr.P.C. Applicant has no criminal history and he has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is in jail since 02.01.2014 and in case he is enlarged on bail, he will not misuse liberty of bail.

4. Learned A.G.A. has opposed the prayer for bail.

5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

6. The application is allowed.

7. Let applicant, Pappu, involved in Case Crime No. 867 of 2013, under Sections 147, 302 I.P.C., Police Station Kasganj, District Kasganj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:

(i) The applicant will not temper with the evidence during trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before Trial Court on the date fixed.

(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.

8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.

Order Date :- 9.7.2019