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Allahabad High Court · body

2015 DIGILAW 1442 (ALL)

Awadhesh @ Bablu v. State of U. P.

2015-05-29

ARVIND KUMAR MISHRA I

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JUDGMENT Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record. 2. By means of the present application, the applicant seeks bail in Case Crime No.361 of 2013, under Section 302 I.P.C., Police Station Mohammadabad, District Farrukhabad. 3. Learned counsel for the applicant has contended that the applicant is not named in the first information report. No one has witnessed the incident. The name of the applicant has surfaced in the statement of the village uncle, Shiv Pratap Singh. False recovery of Banka has been planted against the applicant by the police after one and half year of the incident. The applicant has been implicated in this case only on the basis of suspicion. Assuming it to be; it is not possible for the applicant to kill two persons at a given time in the clandestine manner. 4. Learned AGA has opposed prayer for bail and has submitted that the applicant has brutally murdered to religious persons (priest) who used to offer prayer to God in a Temple. 5. Considered the above submission and perused the statement of the witnesses so recorded, particularly the fact that the applicant is not named in the first information report. The alleged recovery is stated to have been made after a lapse of around 18 months of the incident in the month of Februay, 2015. Only allegation against the applicant is in respect of recovery of his driving licence on the scene of the incident. 6. Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed. 7. Let the applicant Awadhesh @ Bablu involved in Case Crime No.361 of 2013, under Section 302 I.P.C., Police Station Mohammadabad, District Farrukhabad, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.