Ankit vs State Of U.P.
2019 Latest Caselaw 4065 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18795 of 2019
 

 
Applicant :- Ankit
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dharmendra Pratap Singh
 
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 against unknown. The name of applicant came into light during investigation in the statement of one Pravendra after 10 months of the alleged incident. Pravendra in his statement has stated that applicant threatened to him and told that he had committed the murder of the deceased Sunil Kumar. Thereafter, witness Nandu has stated that the applicant has confessed his guilt before him. It has further been submitted that applicant has not confessed his guilt before witness Nandu. The statement of witness Nandu was also recorded on 29.12.2018 after more than 10 months of the alleged incident. There was no motive to the applicant to commit the alleged offence. Showing the arrest of applicant on 21.1.2019 in a police encounter case a recovery of pistol used in the commission of the murder of the deceased has been shown from the possession of the applicant. It has further been submitted that false recovery has been planted against the applicant. The applicant has no concern with the alleged incident. He has falsely been implicated in the present case. There is no direct evidence against the applicant. The criminal history of the applicant has been explained in para 15 of the affidavit filed in support of bail application. The applicant is in jail since 1.1.2019.

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 Ankit involved in Case Crime No. 76 of 2018, under section 302 IPC, P.S. Adarsh Mandi, District Shamli 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 :- 3.5.2019

Masarrat