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Allahabad High Court · body

2020 DIGILAW 64 (ALL)

Harishchandra 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. 504 of 2019, under Section 302 I.P.C., P.S. Rasoolabad, district-Kanpur Dehat, is seeking enlargement on bail during the trial. 3. Learned counsel for the applicant submitted that although the applicant was named in the first information report but wife of the deceased in her statement has stated that co-accused Chottey Lal had assaulted the deceased with Banka, causing serious injuries to him, as a result of which the deceased has died, while the present accused had caught hold the deceased and to that extent the applicant's role is clearly distinguishable from that of co-accused. No incriminating articles or material has been recovered either from the applicant or on his pointing out. He lastly submitted that the applicant, who is in jail since 23.9.2019 and has no criminal antecedent to his credit, is entitled to be enlarged on bail during pendency of the trial. 4. Per contra learned A.G.A. opposed the prayer for bail and submitted that if the deceased had not caught hold by the applicant he may have managed to escape and save his life, hence the applicant is not entitled to be released on bail. 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, Harishchandra 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. (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.