Allahabad High Court
Raja Bhaiya @ Bogga vs State Of U.P. on 21 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21303 of 2019
Applicant :- Raja Bhaiya @ Bogga
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Srivastava,Manoj Kumar Srivastava
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 first information report of the alleged incident was lodged against 8 persons including the applicant. The informant Daya Shankar Pandey is not an eye witness of the alleged occurrence. In the first information report it has been mentioned that on 12.1.2018 at 9.00 p.m. the deceased after taking meal was sleeping in his house. In the next morning the informant came to know that his son Deepu Pandey ( deceased ) was not in his room. The dead body of the deceased was found in the mustered field of Lal Bhai Mishra. The informant has expressed suspicion against the applicant and other co-accused for committing murder of the deceased. There was no illicit relation in between the wife of applicant and the deceased. It has further been submitted that a recovery of an axe used in the commission of murder of the deceased has been shown on the pointing out of the applicant from his house. In fact false recovery has been planted against the applicant. It has further been submitted that there was no motive to the applicant to commit the alleged offence. False story has been concocted by the prosecution. There is no eye witness of the alleged occurrence. The co-accused Smt. Mamta @ Heril, wife of applicant has already been released on bail by this court vide order dated 23.1.2019 in Criminal Misc. Bail Application No. 3065 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 15.1.2018.
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 Raja Bhaiya @ Bogga involved in Case Crime No. 2 of 2018, under section 302/34, 201 IPC, P.S. Manikpur, District Chitrakoot 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 :- 21.5.2019
Masarrat
