Research › Search › Judgment

Allahabad High Court · body

2020 DIGILAW 60 (ALL)

Mahesh @ Bhola v. State of U. P.

2020-01-07

AJIT SINGH

body2020
JUDGMENT : 1. Heard learned counsel for the applicant, and learned A.G.A. for the State and perused the material on record. 2. By means of this application, the applicant who is involved in Case Crime No. 144 of 2019, under Sections 302/34 I.P.C. and section 120B I.P.C., P.S. Bisanda, district-Banda, is seeking enlargement on bail during the trial. 3. Learned counsel for the applicant submitted that the applicant was not named in the first information report. His implication in the present case is based upon suspicion and circumstantial evidence which appears to be of a very fragile nature and does not constitute the complete chain to link the applicant with the commission of crime in question. There is no direct evidence against the applicant. The role of assault the deceased has been attributed to co-accused Kallu. No incriminating article or material has been recovered either from the applicant's possession or on his pointing out. Further submission is that other co-accused Sumit Tiwari has already been enlarged on bail by another Bench of this Court vide order dated 18.11.2019 passed in Criminal Misc. Bail Application no. 49385 of 2019 and the case of the applicant is identical to that of co-accused Sumit Tiwari. He lastly submitted that the applicant, who is in jail since 11.8.2019 and has no criminal antecedent to his credit is entitled to be enlarged on bail on the ground of merits as well as parity during pendency of the trial. 4. The prayer for bail has been vehemently opposed by learned A.G.A. 5. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 6. Let the applicant, Mahesh @ Bhola be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- (a) The applicant shall attend the court according to the conditions of the bond executed by him. 6. Let the applicant, Mahesh @ Bhola be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- (a) The applicant shall attend the court according to the conditions of the bond executed by him. (b) 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. 7. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 8. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.