Harishchandra vs State Of U.P.
2021 Latest Caselaw 669 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29840 of 2020
 

 
Applicant :- Harishchandra
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Karunesh Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

This bail application has been given by the applicant Harish Chandra for releasing on bail in Case Crime no. 06 of 2019, under Section 302 IPC, P.S. Khajani, District Gorakhpur during the pendency of the trial.

Learned counsel for the applicant submitted that the applicant is in jail since 10.1.2019 and after filing the charge-sheet, charges were framed and six fact witnesses have already been examined. It is submitted that all six witnesses have become hostile and they have not supported the prosecution case. Further submission is that the accused applicant has been falsely implicated in this case. The applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.

Learned A.G.A. has opposed the prayer for bail and submitted that perusal of the statement of all six witnesses shows that none of the witnesses have been declared hostile by the prosecution during cross examination.

Learned counsel for the applicant is trying to show that all witnesses have become hostile but this is a conclusion which would be drawn by the learned trial court at the time of judgment.

Perusal of the statement of the witnesses shows that all witnesses have been intact during their examination in chief and if any contradiction appears in the prosecution version it cannot be inferred that prosecution witnesses have turned hostile. Six fact witnesses have already been examined and very soon there is every possibility that case shall be decided on merit. In view of the above facts and circumstances of the case, without commenting on the merit of the case, I do not find any reason to release the accused applicant on bail at this stage.

The bail application is rejected.

Order Date :- 11.1.2021

Dhirendra/