Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. -15239 of 2021 Applicant :- Bhure Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Kumar Mishra,Anand Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Applicant is not named in FIR, which was lodged against unknown persons. In her statement recorded, under Section 161 Cr.P.C. also, the first informant has not named any one. It was stated that it was in supplementary statement of first informant, wherein, she has stated that there was some money dispute between her husband (deceased) and Bhure Lal (applicant) and that she suspects that her husband has been murdered by applicant and co-accused Neeraj. It has been submitted that this version has been developed with quite long delay, whereas, no such suspicion was raised at the time of lodging of FIR or at the time of earlier statement of first informant. The alleged recovery of 'Ganasa' and blood stained clothes of applicant was shown but there is no independent witness of alleged recovery. Learned counsel has referred the F.S.L. report and submitted that merely it was mentioned that there was human blood on the clothes of applicant as well as on alleged 'Ganasa' but there is no evidence that said blood pertains to the deceased. It was submitted that in fact when applicant was arrested on 21.11.2020 and there was one incised wound on the body of applicant, which was one day old and thus, the blood spots on the clothes of applicant may be due to the said injury. It has been submitted that except the alleged recovery, there is no evidence against applicant and that even the alleged recovery is thoroughly doubtful. It has been submitted that the applicant is languishing in jail since 21.11.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that during investigation, involvement of applicant was found in the incident and that recovery of blood stained clothes of applicant and blood stained 'Ganasa' was made at the instance of applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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.
Let the applicant Bhure Lal involved in Case Crime No.119 of 2020, under Section 302 IPC, P.S.Chauri, District Bhadohi, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 6.10.2021 Neeraj