Pankaj Raj v. State of U.P. Thru. Prin. Secy. Civil Secrt. Lko.

Allahabad HC18 Jul 2024/6558/2024

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow Bench), Pankaj Bhatia J.; CRIMINAL MISC. BAIL APPLICATION No. 6558 of 2024; FIR No. 92 of 2024, P.S. Mohammadi, District Kheri; Section 302 IPC; bail allowed; applicant implicated via co-accused Manoj's confessional statement (role of catching hold only); CDR records argument by AGA; no criminal history; custody since 05.04.2024; personal bond with two sureties; Order Date 18.7.2024.

What did the court decide?

Applicant Pankaj Raj to be released on bail in FIR No. 92 of 2024 on furnishing a personal bond with two sureties of the like amount each, subject to conditions (a) undertaking to attend hearings, (b) not committing any similar offence, and (c) not inducing, threatening or tampering with witnesses/evidence. ¶¶12

Pankaj Raj Vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48423

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6558 of 2024

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Applicant :- Pankaj Raj Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Secrt. Lko. Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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2. The applicant seeks enlargement on bail in FIR No.92 of 2024, under Section 302 IPC, P.S. Mohammadi, District Kheri.

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3. In terms of the FIR lodged against unknown person, it was stated that on 11.02.2024 at about 08:30 AM, information was received that body of the son of the informant was lying on a road which had cut marks on the neck, as such, an apprehension was expressed that some unknown persons had committed the offence. The FIR was lodged on 11.02.2024. Subsequently, during investigation, a statement was recorded on 04.03.2024 wherein it was stated that the informant had met the investigating officer and had informed that he had received information that the deceased was in relation with sister of one B.P. Raj and the said B.P. Raj could give further information with regard to the death. Subsequently, on 04.03.2024, the sister of B.P. Raj, Vandana, informed that she had developed illicit relations with the deceased and when her cousin brother Manoj got the information, he scolded her and she had also heard that Manoj had threatened to take care of the deceased. It was also stated that Manoj talked with the applicant. Subsequently, the confessional statement of the co-accused namely Manoj was recorded wherein he admitted to have caused the offence. He also stated that the applicant had caught hold of the deceased and the said co-accused had caused the knife injury which resulted in the death. The knife allegedly used for the commission of the offence, was also recovered at the instance and pointing out of the co-accused Manoj.

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4. In the light of the said, it is argued that the applicant was named in the statement of the co-accused which does not have any evidentiary value. He further argues that even in the said statement, the role of causing injury was not assigned to the applicant and the role of catching hold was assigned to the applicant. As such, it is argued that the applicant who is in custody since 05.04.2024 may be enlarged on bail.

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5. Learned AGA has opposed the bail application by arguing that apart from the statement of the co-accused, the CDR records, on analysis, reveal that in between the co-accused, the applicant and the said B.P. Raj, there were substantial talks on the said date.

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6. In reply to the said argument, learned counsel for the applicant argues that as the applicant was related to the said persons, talks used to happen, however, the same cannot in any way link the applicant with the offence in question.

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7. Considering the submissions made, primarily, the applicant has been linked with the offence in question based upon statement of the co-accused, that too not alleging the commission of the offence against the applicant and only role of catching hold was assigned to him. As such, considering the evidence against the applicant to be a weak piece of evidence coupled with the fact that the applicant has no criminal history and is in custody since 05.04.2024, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

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8. Let the applicant Pankaj Raj 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 :- 18.7.2024 nishant

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

Pankaj Raj v. State of U.P. Thru. Prin. Secy. Civil Secrt. Lko.

Case brief

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Pankaj Raj v. State of U.P. Thru. Prin. Secy. Civil Secrt. Lko.

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