Allahabad High Court
Shyamu @ Lekhpal vs State Of U.P Thru. Addl. Chief Secy. Home ... on 9 May, 2024
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:35780 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4898 of 2024 Applicant :- Shyamu @ Lekhpal Opposite Party :- State Of U.P Thru. Addl. Chief Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Dinesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as Sri Ganesh Dutt Bhatt, learned A.G.A. and perused the record.
2. In terms of the FIR, it was alleged that the applicant had taken the son of the informant aged about five years and had murdered and thrown him in a well. Based upon the said allegation and the statement of the witnesses, who have supported the last seen theory against the applicant, the applicant was linked with the offence in question.
3. The counsel for the applicant draws my attention to the statement of P.W. 1 recorded during trial, wherein P.W. 1 herself has not supported the prosecution story and has specifically deposed against the prosecution story and she has been declared hostile. P.W. 2, who is Panch witness was also declared hostile.
4. Learned A.G.A. opposed the bail prayer.
5. Considering the fact that the informant herself has turned hostile coupled with the fact that the applicant has no criminal history and is in custody since 10.08.2023 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.
6. Let the applicant Shyamu @ Lekhpal be released on bail in FIR/ Case Crime No. 195 of 2023, under Sections 302, 201 IPC, Police Station Baldirai, District Sultanpur, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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 :- 9.5.2024 Arun