Allahabad High Court
Ajay Alias Patali vs State Of U.P. on 19 September, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20776 of 2018 Applicant :- Ajay Alias Patali Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.,K.C. Yadav Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Prem Chaudhary @ Moni with a prayer to release him on bail in Case Crime No. 3499 of 2017 under Sections 302, 201, 149, 120-B and 34 IPC, Police Station Kotwali, District- Basti, during pendency of trial.
It has been submitted that there was affair between one Km. Anuradha and Sumit Chaudhary. They eloped and thereafter nothing is known about them. It is not known whether, they are died or alive nor their bodies have been recovered till date. There were two First Information Reports lodged. One by the father of Km. Anuradha and other by the father of Sumit Chaudhary. It has been submitted that in the First Information Report lodged by the father of Km. Anuradha, the applicant has been bailed out by Criminal Misc. Bail Application No. 17350 of 2018, being Case Crime No. 3502 of 2017, under Sections 302, 201, 149, 182, 120-B and 34 IPC Police Station- Kotwali, District- Basti on 25.06.2018. Regarding the, First Information Report lodged by the father of the boy, Sumit Chaudhary, the applicant has not been enlarged on bail on the ground that he was last seen with Sumit Chaudhary and three witnesses, namely, Ram Kishan Chaudhary, Ram Bahadur and Vijay Bahadur and, therefore, it had been concluded that the applicant, who is the uncle of the girl, has caused the murder of the boy Sumit Chaudhary. Learned counsel for the applicant has next informed the Court that seven witnesses of fact have already been examined by the trial court and now only the formal witnesses remain to be examined, and there is no possibility of tempering with the witnesses. It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case with some ulterior motive. The applicant is languishing in jail since 30.10.2017 In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned Counsel for the informant has vehemently opposed the bail application on the ground that there is definite evidence against the applicant in the nature of last seen and it is a case of 'Honour Killing', wherein the applicant does not deserves to be enlarged on bail.
Learned A.G.A. has also opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the 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 Order Date :- 19.9.2019 S.K.