Allahabad High Court
Rakesh Kumar vs State Of U.P. on 2 February, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13316 of 2020
Applicant :- Rakesh Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Ali Imam,Dharmendra Kumar Mishra,Ram Narayan Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Saroj Kumar Tiwari holding brief of Sri Dharmendra Kumar Mishra, learned counsel for the applicant as well as Sri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.
3. This is the second bail application on behalf of applicant. The first bail application has been rejected by this Court on 18.10.2019.
4. Applicant seeks bail in Sessions Trial No. 615 of 2019, arising out of Case Crime No. 163 of 2019, under Section 302 I.P.C., Police Station Jewar, District Gautam Buddh Nagar, during the pendency of trial.
5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel has stated that to date seven prosecution witnesses have been examined and none of them have supported the prosecution story and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. Learned counsel has further stated that at the time of disposal of first bail application no witnesses were examined in court. The applicant had been made accused on the basis of suspicion only, even the witness alleging suspicion of applicant inclined on marrying her sister-in-law has been declared hostile by the prosecution. There is no likelihood of conviction of the applicant in the present case. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 16.6.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that weapon Suja has been recovered from the possession of applicant which indicates the complicity of the applicant.
7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration that all the witnesses have not supported the prosecution story and also the judgment of the Apex Court in the case of Venkatesh alias Chandra vs. State of Karnataka, AIROnline 2022 SC 595, whereby it is opined that the statement of accused at the time of recovery of the offence is not admissible in evidence except to the factum of recovery of the weapon, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Rakesh Kumar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
(v). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 2.2.2023
Vikas
