Dayaram Pasi Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2024:AHC-LKO:82284

Court No. - 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1807 of 2024

Applicant :- Dayaram Pasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sameer Singh,Ajay Singh,Sakshi Singh

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Counsel for Opposite Party :- G.A.,Anoop Srivastava

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.19 of 2022, under Sections 302, 406, 120-B I.P.C., P.S. Mill Area, District Raebareli.

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Learned counsel for the applicant submits that it is a case of circumstantial evidence. The co-accused Akash Singh @ Sunny Singh who was assigned the role of firing as per his own confessional statement has been granted bail by this Court vide order dated 21.05.2024 passed in Criminal Misc. Bail Application No.7145 of 2023. He further submits that in the confessional statement of the Akash Singh the name of the applicant has surfaced. He has assigned the role of guarding to the present applicant. From the possession of the applicant a country made pistol, two live cartridge, passport size photo of the deceased and a motor-cycle is alleged to have been recovered to which there is no public witness. There was a recovery from the Akash Singh also. He submits that incident has taken place on 11.01.2022 however, recovery from the applicant is shown on 20.01.2022. It is submitted that prosecution story is highly improbable no one will carry

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photograph of the deceased in his pocket after so many days of the incident. Applicant claims parity with the bail order of Akash Singh (supra). Applicant has explained the criminal history in bail application. Applicant is in jail since 20.01.2022. Out of 27 prosecution witnesses, only five have been examined and it is lastly submitted that trial is not likely to be concluded in the near future.

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Learned A.G.A. has opposed the bail prayer however, could not dispute the fact that role of firing was on co-accused Akash Singh (supra) and he has been granted bail.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 20.01.2022, period of incarceration gone into by the applicant, applicant has explained the criminal history, bail order of co-accused Akash Singh (supra) and the confessional statement of Akash Singh as well as the recovery memo of the bail application, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Dayaram Pasi be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the

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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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 10.12.2024

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Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Dayaram Pasi v. State of U.P. Thru. Prin. Secy. Home Lko.

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Dayaram Pasi v. State of U.P. Thru. Prin. Secy. Home Lko.

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