Krapali v. State of U.P. Thru. Secy. Home Lko

Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6846 of 2024 Applicant :- Krapali Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Rizwanul Haque Ansari,Santi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Rizwanul Haque, learned counsel for the applicant and Sri Rao Narendra Singh, learned A.G.A. for the State and perused the record.

¶2The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No.217 of 2021, under Section-302 IPC, Police Station-Daurahra, District-Kheri, during the pendency of the trial.

¶3Contention of learned counsel for the applicant is that applicant was charged for the murder of his wife. Though, the FIR was lodged by the son of the applicant Surat Kumar but he was not the eye witness and this fact is clear from his statement recorded u/s 161 Cr.P.C. Even there is no other eye witness for the incident in question. It is further submitted that though it is alleged that on pointing out of the applicant, one Khurpa was recovered which was also sent to forensic examination but there is no report of forensic examination showing any blood stains belonging to the deceased which was found on the alleged weapon.

¶4Per contra, learned AGA has submitted that there is recovery on pointing out of the applicant. Therefore, applicant is not entitled to release on bail.

¶5Considering the rival submission of learned counsel for the parties and on perusal of record, it appears that there is no eye witness of the incident in question though the first informant who is the son of the applicant has stated that his father (applicant) has killed his mother but it is not mentioned in his statement that he had seen the incident in question.

¶6Apart from this, there is no Forensic Science Laboratory report showing the blood stains of the deceased on the recovered Khurpa on pointing out of the applicant.

¶7In view of the above, applicant is entitled to be released on bail. Therefore, without expressing any opinion on merit of the case, let the applicant-Krapali involved in the aforementioned 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:-

¶1The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶2The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶3The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 25.6.2024 *S.Chaurasia* High Court of Judicature at Allahabad, Lucknow Bench