Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48632 of 2018 Applicant :- Lakhan Lal Alias Lakkha Sriwas Opposite Party :- State Of U.P.
Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 248 of 2018, under Sections 302, 392 and 412 of the Indian Penal Code, 1860, Police Station - Talbehat, District - Lalitpur.
As per prosecution version, on 11/12.06.2018, some unknown persons committed the murder of deceased Pran Singh, father of informant Krishna Pal Singh. First information report in this regard was lodged on 12.06.2018 against unknown persons.
Learned counsel for the applicant contended that there is no evidence against the applicant except the statement of witnesses Ram Singh, Keshav Singh, Ajab Singh before the police. Moreover, the applicant has no criminal antecedents and is languishing in jail since 14.06.2018.
Per contra, learned A.G.A. has opposed the prayer for bail and submitted that on 12.06.2018, in his statement under Section 161 of the Code of Criminal Procedure, 1973, (in short 'Code'), informant Krishna Pal Singh has named applicant and co-accused Ganesh Kushwaha and Pushpendra. Later on, the applicant and co-accused Ganesh Kushwaha and Pushpendra were arrested. From the possession of Pushpendra, mobile phone of the deceased alleged to have been looted was recovered and from the possession of the applicant, a sum of Rs. 200/- was recovered by the police. In his statement under Section 161 of the Code, informant Krishna Pal Singh has not stated that he had seen the accused committing the murder. He has made only suspicion with regard to the involvement of the accused in the alleged crime.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
In view of above, the prayer so made is accepted and accordingly, the instant application stands allowed.
Let the applicant - Lakhan Lal alias Lakkha Sriwas be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 20.12.2018 I. Batabyal