Taufeeq Alias Bhaduva Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2024:AHC-LKO:49128

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5053 of 2023

Applicant :- Taufeeq Alias Bhaduva Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajay Bahadur Yadav,Jay Prakash Singh,Satyendra Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Supplementary affidavit filed today in Court is taken on record.

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2. Heard learned counsel for the applicant, learned AGA and perused the record.

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3. The applicant seeks enlargement on bail in FIR No.177 of 2022, under Section 302 IPC, P.S. Gudamba, District Lucknow.

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4. This is the second bail application of the present applicant. The first bail application was rejected on 21.10.2022.

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5. In terms of the FIR it was alleged that brother of the informant had gone to market for purchasing some goods when the applicant had also accompanied him and thereafter, the victim did not come home and information was received on the next day that his body was lying alongwith the motorcycle, and an apprehension was expressed that the applicant had killed the brother of the informant. The postmortem report on record indicates as many as five injuries including lacerated wounds on forehead and on ear.

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6. Learned counsel for the applicant argues that in terms of the charge-sheet, there are no independent witnesses to the incident. He draws my attention to the statements of as many as four witnesses who have been examined so far who have not categorically implicated the applicant with the offence in question. No recovery has been affected from the applicant. The applicant is in custody since 25.04.2022 and has no criminal history.

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7. Learned AGA has opposed the bail application.

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8. Considering the fact that the entire case is premised against the applicant on the basis of last seen theory without there being any corroborative material and the major witnesses have already been examined, thus, there is no material on record to

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suggest that the applicant, if enlarged on bail, can in any way adversely affect the trial. As such, considering the said facts including the reading of the statements recorded so far, the applicant who has no criminal history and is in custody since 25.04.2022 is entitled to be enlarged on bail. In view thereof, the application is allowed.

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9. Let the applicant Taufeeq Alias Bhaduva be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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.

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Order Date :- 22.7.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Taufeeq Alias Bhaduva v. State of U.P. Thru. Prin. Secy. Home Lko.

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Taufeeq Alias Bhaduva v. State of U.P. Thru. Prin. Secy. Home Lko.

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