Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34381 of 2021 Applicant :- Lallu Bind Opposite Party :- State of U.P.
Counsel for Applicant :- Vidit Narayan Mishra,Prabha Shanker Mishra Counsel for Opposite Party :- G.A.,Anubhav Shukla,Ram Shiromani Shukla
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 19.02.2021 at about 6.00 p.m., father of informant went to dera but he did not arrive at dera. In the morning on 20.02.2021, his dead body was found beside the field of Arvind Dubey. The FIR was lodged by the informant on 20.02.2021 against unknown persons. During investigation, the name of this applicant along with co-accused Santosh was brought into light.
It is submitted that applicant is innocent. He has been falsely implicated in this case. There is no evidence against the applicant. He has been implicated only on the basis of last seen evidence of Ram Bharose whose statement has been recorded by the Investigating Officer after 16 days of the incident. Only on the basis of suspicion of co-accused Santosh, this applicant was named by the informant before the Investigating Officer and his statement was recorded by him for second time. Ram Bharose is inimical to this applicant relating to transaction of money, therefore, he has implicated this applicant in revenge. Recovery of a pair of gold earrings has been shown from the joint possession of applicant and co-accused Santosh Bind from the house of co-accused Santosh Bind on the basis of his confessional statement. There is no any other direct evidence to indicate that applicant has committed the murder of deceased. The applicant is in jail since 06.03.2021. There is no criminal history against the applicant. Therefore, requests for bail.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and urged that applicant has committed the murder of the deceased. He was seen with the deceased by Ram Bharose and Jhumman Bind who did not disclose this fact before the police or before any other person on account of fear of accused persons. It is further submitted that recovery of spade and hammer has been made at the instance of co-accused Santosh and this applicant. There is extra-judicial confession also made by the applicant. therefore, applicant is not entitled for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties 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.
Let the applicant Lallu Bind involved in Case Crime No. 25 of 2021, under Sections 302, 394, 411 I.P.C, P.S. Pandari, District Mirzapur be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.12.2021 Madhurima