Pooran vs State Of U.P.
2019 Latest Caselaw 4607 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19124 of 2019
 

 
Applicant :- Pooran
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Hitesh Pachori
 
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 applicant is not named in the FIR. The FIR was lodged against Vandana and Keshav. Vandana is the wife of deceased. In FIR it has been mentioned that there was illicit relation in between Vandana and Keshav due to which they have committed the murder of the deceased. In FIR it has also been mentioned that Dinesh son of Balloo had seen the deceased with co-accused Vandana and Keshav prior to the alleged incident at about 10:00 P.M. in the night. It has further been submitted that witness Dinesh is said to be the witness of last seen but he has not disclosed the name of applicant. The name of applicant came into light in the confessional statement of co-accused Keshav and a recovery of Angochha used in the crime has been shown on the pointing out of applicant. Except the confessional statement of co-accused and the alleged recovery there is no other cogent evidence against the applicant. There is no direct evidence against the applicant. There was no motive to the applicant to commit the murder of the deceased. The applicant has no concern with the alleged incident. The case of the applicant is distinguishable from the case of co-accused Vandana and Keshav. The applicant has no criminal history and is in jail since 24.10.2018.

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 Pooran involved in Case Crime No. 108 of 2018, under section 302 IPC, P.S. Raksha, District Jhansi 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 :- 16.5.2019

Masarrat