Akash Vs State of U.P.

Neutral Citation No. - 2023:AHC:138329

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15551 of 2023

Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri G.C.Tiwari, Advocate, holding brief of Sri Rajesh Tripathi, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.300 of 2022, under Section 302 IPC, Police Station Kotwali Hathras, District Hathras during pendency of the trial.

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FIR of the present case was lodged under Section 302 IPC against co-accused Pitamber and one unknown persons and according to the FIR, on 15.8.2022 at about 11.30 PM coaccused Pitamber along with his unknown associates had taken the father of the informant on a motorcycle and thereafter on 16.8.2022 dead body of the father of the informant was found.

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Learned counsel for the applicant submits that informant did not nominate the applicant in the FIR along with coaccused Pitamber in spite of the fact that applicant is his cousin brother, i.e., the son of his 'Tau' and during investigation when his statement under Section 161 Cr.P.C. was recorded then he disclosed the name of applicant and stated that applicant is the son of his 'Tau' and he along with co-accused Pitamber had taken his father and this fact clearly suggests that subsequently applicant due to previous enmity has been made accused in the present matter.

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He further submits that according to the prosecution when

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applicant was arrested then he confessed his guilt and from his possession one country made pistol was recovered but the alleged recovered country made pistol could not be connected with the instant crime.

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He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since 18.8.2022, i.e., for the last about more than 10 months.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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From the perusal of the record it appears that informant did not nominate the applicant in the FIR but when his statement under Section 161 Cr.P.C. was recorded then he disclosed his identity and stated that he is the son of his 'Tau'.

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Further, except the evidence of last seen, recovery of country made pistol and confessional statement of applicant, there is no other evidence against him on record and he is in jail in the present matter since 18.8.2022.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Akash be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court

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concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 12.7.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Akash v. State of U.P.

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Akash v. State of U.P.

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