Indian Kanoon - Search engine for Indian Law

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant, Danveer, in Case Crime No. 87 of 2019, under Sections- 147, 148, 149 and 302 IPC, Police Station- Gunnaur, District- Sambhal (Bheem Nagar), with the prayer to enlarge him on bail.

The submission is that the applicant has been assigned the role of exhortation only. In the FIR the statement of the wife of the deceased has been recorded wherein also she has alleged the role of exhortation. The applicant alleges false implication in this case. Theapplicant is in jail since 12.03.2019 and has no criminal history to his credit.

Regarding the role of exhortation assigned to the accused it has been found that it is a week type of evidence as held by the Apex Court in the case of Jail Haque vs. State of Bihar, 1974 AIR SC 0-45. The Apex Court has held in the above noted case that eye-witnesses are prone to exaggerate thing and to involve as many accuseds as possible. The evidence exhortation is, in very nature of things, a week piece of evidence. There is quite often tendency to implicate some persons, in addition to the actual assailants by attributing to that person role of exhortation to the assailants to assault the victim. Unless the evidence in this respect is clear, cogent and reliable no conviction for abetment can be recorded against the person assigned the role of exhortation.