Allahabad High Court
Vijay Pal vs State Of U.P. on 14 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19015 of 2019
Applicant :- Vijay Pal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijendra Kumar Mishra
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 applicant is not named in the FIR. The FIR of the alleged incident was lodged against unknown. The name of applicant came into light in the confessional statements of co-accused Subhash, Melaram, Shesh Narayan and Abhishek Soni. The allegation against the applicant is that he was in the contact of other co-accused persons who have committed the murder of driver and looted truck along with Sariya and the applicant has also made contact with co-accused Abhishek Soni to purcahse the alleged looted Sariya. It is said that Abhishek Soni has not paid the remaining amount of alleged lootted Sariya due to which the applicant, co-accused Melaram and Subhash were taking 21 quintal and 10 kg. Sariya to another shop to sale and they were arrested by the police along with the looted Sariya. It has further been submitted that false recovery has been planted against the applicant. In fact, the applicant has not committed the alleged offence. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. It has further been submitted that there is no independent witness of the alleged recovery. The co-accused Sheshnarayan, Melaram and Abhishek Kumar Soni have already been released on bail by this court and by another bench of this court vide orders dated 24.4.2019, 11.4.2019 and 13.3.2019 respectively, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 14.9.2018.
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 Vijay Pal involved in Case Crime No. 238 of 2018, under section 302, 201, 34, 120B, 394, 411 IPC, P.S. Khajani, District Gorakhpur 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 :- 14.5.2019
Masarrat
