Allahabad High Court
Pooki @ Hari Shankar vs State Of U.P. on 18 November, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30422 of 2020 Applicant :- Pooki @ Hari Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A.,Nirbhay Singh Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dwijendra Prasad, learned counsel for the applicant, Sri Nirbhay Singh, learned counsel for the informant and Sri Rishi Chaddha, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 232 of 2019 under Sections 302, 201 I.P.C., Police Station Eka, District Firozabad, during the pendency of trial.
As per F.I.R., which has been lodged by Vishal Kumar, on 11.10.2019 when he was going towards Udesar, he had found dead body of unknown person and later on the said dead body was identified as that of Bantu S/o Narsinghpal. Thereafter post-mortem was conducted in which the deceased was found to have sustained six injuries, four out of them were fire arm wounds.
Submission made by the learned counsel for the applicant is that after the identification made by the father of the deceased Narsinghpal, he had taken names of four accused namely Raju, Saurabh, Ajay and Viresh, which is annexed at page 17 of the paper book by moving an application before the police concerned and subsequently he gave his second statement in which too he did not take the name of the accused-applicant. In third statement, which was recorded on 31.10.2019, he had exonerated earlier four names disclosed by him and had taken four new names which included applicant, co-accused Sonu and Yogesh and Harendra and had expressed belief that they might have killed the deceased. It is argued that on the basis of conjecture, accused has been made accused in this case. There is no recovery made from him. He is in jail since 27.7.2020. He has criminal history of two cases which has been explained in paragraph no. 4 of the supplementary affidavit, in which he has been granted bail. If released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has opposed the prayer of bail and has argued that there was motive to the accused-applicant to cause this occurrence because a quarrel had happened between the informant's son and the accused-applicant and a case in that regard was lodged being case crime no.102 of 2019, under Sections 308 IPC and some other Sections, copy of the F.I.R. is taken on record.
Learned A.G.A. has opposed the prayer of bail and has stated that in the rejection order passed by the trial court, recovery of country made pistol has been shown to have been done at the pointing out of the accused-applicant but he could not support the same by documentary evidence.
In view of above arguments, looking to the fact that this appears to be a case of circumstantial evidence and no direct evidence, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Pooki @ Hari Shankar 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 18.11.2020 A.P. Pandey