This court granted bail to the applicant, a murder accused falsely implicated in Crime No.313 of 2020, after finding sufficient grounds despite the only evidence being his confession and a weapon recovered from his pointing without eyewitnesses.
Allowance of bail on furnishing a personal bond and two sureties to the satisfaction of the court.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17419 of 2021
Applicant :- Ilias @ Lalla Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No.313 of 2020, under Section 302 IPC, Police Station Atarsuiya, District Prayagraj with the prayer to enlarge the applicant on bail.
It is argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. He further argued that initially FIR was registered against four persons including the applicant. During the investigation, three persons were exonerated by the Investigating Officer. The Investigating Officer recorded the statement of the applicant and on the pointing out of applicant, tamancha was recovered. There is no eye witness of the said recovery. It is further submitted that there is no evidence available on record except confessional statement of accusedapplicant. Recovery of the alleged weapon used in the crime cannot be considered as recovery to be relevant under section 27 of the Evidence Act. It is further submitted that applicant is languishing in jail since 31.10.2020 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Ilias @ Lalla in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following
conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 3.1.2023 T.S.
Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant has made out a prima facie case to be enlarged on bail in a murder charge.
Whether the recovery of the weapon tamancha without eyewitness testimony negates the evidence against the applicant.
Whether the applicant meets the bail conditions despite having no criminal history.
2 provisions across 2 enactments
Ilias @ Lalla
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
