Allahabad High Court
Sadhu Pasi vs State Of U.P. on 6 November, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47020 of 2019 Applicant :- Sadhu Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Sayed Sohail Asgar Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the applicant Shri Syed Suhail Asghar and in opposition, Shri Amit Kumar Singh, learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of the applicant with a prayer to enlarge the applicant on bail in Case Crime No. 187 of 2019, under Sections 147, 148, 149, 302/34 of I.P.C., Police Station - Sarai Akil, District - Kaushambi.
It is argued by learned counsel for the applicant that first information report was lodged against four named persons, who have all been exonerated by the police and the accused-applicant along with four other accused, namely, Mehfooz Ahmad, Shivbali alias Chhotu, Moolchandra Pasi and Harishchandra, have been implicated. It is further argued that Moolchandra, Harishchandra and Shivbali alias Chhotu have already been granted bail. It is further argued that the motive has been attributed to other co-accused Mehfooz Ahmad that the deceased was working in his house and they had illicit relationship. No motive has been attributed to the accused-applicant. The applicant has been made co-accused in this case on the basis of the confessional statement of co-accused Mehfooz Ahmad as well as his own confessional statement recorded by the police and it is mentioned in the said confessional statement by the accused-applicant as well as co-accused Mehfooz Ahmad that co-accused Mehfooz Ahmad had fired two shots at the deceased by his licensed gun, when she was about to sit in the field of Ram Lal where she had gone to answer nature's call and thereafter, one shot was made by the accused-applicant by his country-made pistol. It is further argued that the post-mortem report shows that the deceased had received three gunshot injuries. Injury nos. 2 and 3 are entry and exit wound, hence, they should be treated as one shot, while the other is crush injury on head. The said weapon has been recovered from the accused-applicant. It is further argued that charge-sheet has been submitted and the said country-made pistol has been sent to the forensic science laboratory for being tested. It is further argued as per the confessional statement, three firearm shots are said to have been made, while the deceased is found to have sustained only two firearm injuries. Hence, the accused-applicant deserves to be granted bail. The applicant is lying in prison since 18.06.2019 and has no criminal history. If released on bail, he would not misuse the liberty.
On the other hand, learned A.G.A. vehemently opposed the grant to bail and drawn attention towards the statement of Mohd. Arif, who had seen the accused-applicant along with co-accused coming out of the house of co-accused Mehfooz Ahmad along with the weapons. Therefore, bail should be rejected.
In the light of the aforesaid arguments, looking to the fact that there is no eye-witness to the said occurrence and it is only the confessional statement on the basis of which the accused is made guilty in the present case and also taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the ultimate merits of the case, it is found to be a fit case for bail.
Let the applicant - Sadhu Pasi involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Application stands allowed.
Order Date :- 6.11.2019 I. Batabyal