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2020 DIGILAW 61 (ALL)

Dabloo @ Rashid 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. 26 of 2007, under Sections 302, 201, 394 and 328 I.P.C., P.S. Handia, district-Allahabad, is seeking enlargement on bail during the trial. 3. The first information report was lodged against two persons namely, Poly and Vinod Kumar, alleging therein that on 1.2.2007 in the early morning son of the complainant Dinesh Kumar @ Malkhan, aged about 22 years had his home with Poly and Vinod Kumar along with Rs. 20,000/-. On the fateful day at about 8:00 a.m. the dead body of the son of the complainant was found near village-Kusari on road side in a pit. His hands and feet were tied with rope. 4. Learned counsel for the applicant submitted that the applicant was not named in the first information report. His name as an accused in the present case surfaced for the first time in the confessional statement of co-accused Mahboob. No incriminating article or material has been recovered either from the applicant or on his pointing out. The co-accused Mahboob, in whose statement name of the present accused came to light has been acquitted by the trial court. He lastly submitted that the applicant, who is in jail since 18.12.2008 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial. 5. The prayer for bail has been vehemently opposed by learned A.G.A. 6. 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. 7. Let the applicant, Dabloo @ Rashid 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. 7. Let the applicant, Dabloo @ Rashid 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. 8. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 9. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.