Bhola vs State Of U.P.
2019 Latest Caselaw 5406 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- BAIL No. - 5990 of 2019
 

 
Applicant :- Bhola
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dinesh Kr. Chaudhary
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajendra Kumar-IV,J.

Heard Sri Dinesh Kumar Chaudhary, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

This bail application has been filed by the accused-applicant, involved in Case Crime No. 182 of 2018, under Section 302/34 I.P.C., Police Station Tulshipur, Balrampur for seeking bail.

It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case on account of enmity. He contended that there is a general allegation against the applicant; that there is only one injury of pointing weapon on the body of deceased. He further contended that the case of the applicant is identical to the case of co-accused-Santokhi, who has already been granted bail by this Court on 07.03.2019 in Bail No. 1421 of 2019 and the applicant is also entitled to be released on bail on the ground of parity also. The applicant is languishing in Jail since 20.03.2019. He further submitted that as per statement of witness-Ram Abhilakh, "Bhala" is said to be in the hand of co-accused-Thunai. Weapon used in incident is recovered from co-accused-Thunai.

Learned A.G.A. opposed the prayer for bail by submitting that accused along with other accused persons assaulted the victim who sustained serious injury and succumbed to death but admitted the factum of bail to co-accused and recovery of weapon from accused-Thunai.

Considering the facts and circumstances of the case, submissions made by learned counsel for parties, nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tempering witnesses, prima facie satisfaction of the Court in support of the charge and without expressing any opinion on the merits of the case applicant deserves bail.

Let the applicant-Bhola involved in Case Crime No. 182 of 2018, under Section 302/34 I.P.C., Police Station Tulshipur, Balrampur, 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 shall not tamper with the evidence or threaten the witnesses.

2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

3. During trial, he shall not indulge in any criminal activities.

In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

Order Date :- 24.6.2019

Akram