Lachi vs State Of U.P.
2019 Latest Caselaw 5216 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5702 of 2018
 

 
Applicant :- Lachi
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pradeep Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of applicant, is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is next contended that in the present case the FIR has been lodged after eight days of the incident, in which the applicant is named. Further submitted that there is only last seen evidence and circumstantial evidence against the applicant. It is further submitted that nothing has been recovered from the possession of the applicant or on his pointing out. There was no motive to the applicant to commit the alleged offence. It is further submitted that co-accused Munnilal @ Ram Dayal, Laxami and Bhupendra Raijada alias Bhoop Raidas having identical role have already been released on bail by another bench of this court vide orders dated 2.11.2017, 7.10.2017 and 10.11.2017 in Crl. Misc. Bail Application Nos. 42029 of 2017, 38350 of 2017 and 43414 of 2017 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 11.2.2017.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Munnilal @ Ram Dayal, Laxami and Bhupendra Raijada alias Bhoop Raidas having identical role have already been released on 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 Lachi involved in Case Crime No. 54 of 2017, under section 364, 302, 201 IPC, P.S. Laluli, District Fatehpur 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 :- 30.5.2019

Masarrat