In bail application under Section 302/307 IPC, High Court allowed application allowing Mukesh release on personal bond with two sureties on grounds that co-accused released, facts established, and no antecedents.
Ordered applicant Mukesh released on bail by furnishing personal bond with two sureties of equivalent amount.
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Neutral Citation No. - 2024:AHC-LKO:71025
Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6779 of 2024
Applicant :- Mukesh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Deo Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed today in Court is taken on record.
2. Heard learned counsel for the applicant, learned AGA and perused the record.
3. The applicant seeks enlargement on bail in FIR No.161 of 2022, under Section 302/307 IPC, P.S. Neemgaon, District Lakhimpur Kheri.
4. Learned counsel for the applicant states that co-accused was enlarged on bail vide order dated 22.02.2024. He argues that subsequent to grant of bail of the co-accused, the statement of one other witness Rambabu has already been recorded wherein he stated that he was not an eyewitness to the incident. It is further argued that out of the 20 witnesses proposed to be examined, the major fact witnesses have already been examined and the applicant continues to languish in custody since 23.05.2022. In the statement of prosecution witness Nanhi Devi and the statement of the husband of the deceased, allegations were levelled against both the co-accused. It is lastly argued that the applicant has no criminal antecedents.
5. Learned AGA has opposed the bail application.
6. Considering the fact that the co-accused has been enlarged on bail and the fact witnesses have already been examined coupled with the fact that the applicant has no criminal antecedents, there is no material on record to suggest that the applicant, if enlarged on bail, can in any way adversely affect the trial, as such, the applicant who has suffered pre-trial detention of more than 2 and 1/2 years, is entitled to be enlarged on bail. In view thereof, the application is allowed.
7. Let the applicant Mukesh 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:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 22.10.2024
nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail given that co-accused was released, major witnesses examined, and no criminal antecedents.
Whether pre-trial detention of over two and a half years warrants enlargement on bail.
Mukesh
State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko
Pankaj Bhatia
As recorded by the court registry
5 orders share this CNR
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