Allahabad High Court
Lekhpal vs State Of U.P. Thru.Its Prin. Secy. ... on 8 April, 2024
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:28260 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3871 of 2024 Applicant :- Lekhpal Opposite Party :- State Of U.P. Thru.Its Prin. Secy. Deptt. Of Home Counsel for Applicant :- Gyanendra Pathak Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.732 of 2020, under Section 302, 201, 506 IPC, P.S. Nanpara, District Bahraich.
3. In terms of the FIR it was alleged that the informant used to stay out of his home with regard to his occupation and the applicant with a view to grab his property had killed the son of the informant who was living alone. It is argued by counsel for the applicant that subsequently after recording the statement of the witnesses, a final report was filed in favour of the applicant, however, on a protest petition being filed, the Court below allowed the protest petition mainly on the ground that the three statements of the witnesses were identical in terms of the format, and thereafter the applicant has been arrested. It is further argued that the FIR in question itself was lodged after three months of the alleged incident.
4. Learned AGA has opposed the bail application.
5. Considering the fact that in the initial investigation, a final report came to be filed in favour of the applicant coupled with the fact that the FIR in question was lodged after three months and there is no concrete material to link the applicant with the offence in question except the apprehension expressed by the informant, as such, the applicant who has no criminal history and is in custody since 06.02.2024, is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Lekhpal be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of 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 :- 8.4.2024 nishant