Allahabad High Court
Neeraj vs State Of U.P. on 10 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17881 of 2019
Applicant :- Neeraj
Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Singh,Ganesh Shankar Dubey,Sarvesh Kumar Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant, is taken on record.
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 FIR of the alleged incident was lodged against 3 unknown miscreants. The applicant is not named in the FIR. Showing the arrest of applicant and co-accused Dinesh, Anshul, Islam and Satish the applicant has falsely been implicated only on the basis of confessional statement of applicant and other co-accused. The recovery of T-shirt and lower of the deceased has been shown on the pointing out of applicant. Except the recovery of cloth of deceased there is no other cogent evidence against the applicant. It has further been submitted that in the confessional statement of co-accused Vineet @ Kaluwa and other co-accused it has come that the deceased had caught hold the applicant due to which on the saying of co-accused Vineet @ Kaluwa the co-accused Satish fired upon the deceased due to which he died. It has further been submitted that the applicant had not caused any injury to the deceased. There is no eye witness of the alleged incident. Except the confessional statement of applicant and other co-accused there is no other cogent evidence against the applicant. The applicant has not committed the alleged offence. False allegation has been made against him. The criminal history of the applicant has been explained in para 3 to 10 of the supplementary affidavit filed in support of bail application. The applicant is in jail since 20.10.2018.
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 Neeraj involved in Case Crime No. 890 of 2018, under section 302, 394, 412 IPC, P.S. Hathras Gate, District Hathras 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 :- 10.5.2019
Masarrat
