In a bail application regarding Non-Bailable Offences under IPC 498-A and 304-B, the court permitted release on personal bond and sureties, noting the apprisal of lengthy detention since 2011 and lack of prosecution evidence.
Granted bail on personal bond and two heavy sureties each equivalent to the principal amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22752 of 2019
Applicant :- Harishchandra Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. The applicant has no criminal history. It is next contended that though it is fourth bail application on behalf of applicant, yet the applicant is in jail since 2011 and till today prosecution could not examine the witnesses. Deceased committed suicide. Applicant is languishing in jail since 29.4.2011 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 Harishchandra involved in Case Crime No. 119 of 2011, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Holagarh, District - Allahabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 11.11.2019
safi
1 issue framed by the court
Whether credibility of prosecution witnesses could be tested by releasing the accused on bail after nine years of detention?
Harishchandra
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
