Allahabad High Court
Jumman vs State Of U.P. on 14 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:140753 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27274 of 2023 Applicant :- Jumman Opposite Party :- State of U.P. Counsel for Applicant :- Shivanand Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Shivanand Mishra, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 44 of 2023, under Sections 460, 411, 302, 392, 34 IPC, Police Station- Jaswantnagar, District- Etawah, during pendency of the trial in the court below.
3. FIR of the present case was lodged under Section 396 IPC against 8-10 unknown miscreants and according to the FIR, 8-10 unknown persons in the night of 17/18.02.2023 after committing the murder of the mother of the informant committed dacoity. It is further mentioned in the FIR that they have looted jewelleries and Rs. 50,000/-.
4. Learned counsel for the applicant submitted that FIR of the present case was lodged against the unknown persons and during investigation when the second statement of Shree Devi @ Guddi, a villager, was recorded then she disclosed the name of the applicant and interestingly she did not disclose the name of the applicant and other accused persons in her earlier statement recorded under Section 161 Cr.P.C.
5. He further submitted that even from perusal of the second statement of the witness Shree Devi, it appears that her statement is not reliable as she in her second statement stated that some days before from the alleged incident of dacoity, applicant and his two associates were roaming around her house and under suspicion she asked their names and thereafter they disclosed their names to her including applicant. He further submitted that it is hard to believe that if somebody was having intention to commit dacoity, he will disclose his name to the witness.
6. He further submitted that after disclosure of the name of the applicant in the statement of the witness Shree Devi, applicant was arrested and it is alleged that from his possession Rs. 5100/- and a golden ring was recovered. He further submitted that except the statement of the witness Shree Devi and recovery of ring and Rs. 5100/-, there is no evidence against the applicant on record. He further submitted that applicant is not having any criminal history and he is in jail since 20.02.2023.
7. Per contra, learned AGA although, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.
8. I have heard both the parties and perused the record of the case.
9. Considering the fact that the name of the applicant was disclosed in the second statement of the witness Shree Devi and she in her first statement recorded under Section 161 Cr.P.C. did not even disclose the name of the applicant and except the statement of the witness Shree Devi and recovery of Rs. 5100/- and a golden ring, there is no evidence against the applicant, in my view applicant is entitled to be released on bail.
10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
11. Let the applicant- Jumman be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 14.7.2023 KK Patel