LADLA Vs. STATE OF U. P.

JUDGEMENT

(1.) Supplementary affidavit filed by learned counsel for the applicant- accused today, is taken on record.

(2.) Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record.

(3.) The present bail application has been filed by the applicant- accused in Case Crime No.397 of 2022, under Ss. 302 IPC and 4/25 Arms Act, Police Station Kotwali Ballia, District Ballia with the prayer to enlarge the applicant -accused on bail. It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has been falsely implicated in this case. The informant has lodged first information report of this case on 12/8/2022 alleging that on the night of 11/8/2022 his son Lakhan Paswan, along with his friend Sani Paswan and others, has gone to Gudri Bazar and there some unknown person has stabbed him and resultantly he sustained injuries and died. Applicant-accused is not named in first information report. Alleged eye-witnesses namely, Sani Paswan and Pawan Paswan have inter-alia stated that on the night of 11/8/2022 while a procession was going on and some persons were dancing on D.J., a quarrel has taken place and some persons have stabbed the deceased. These witnesses have not named the applicant-accused. Except said witnesses, namely, Sani Paswan and Pawan Paswan, there is no other eye-witness of alleged incident. Alleged recovery of knife shown from the possession of applicant-accused is thoroughly false and that there is no independent witness of alleged recovery. It was submitted that in fact the applicant-accused has been falsely implicated in this case merely on the basis of his own confession before the police, which has no value in law. The criminal history of two cases shown against applicant-accused has duly been explained in affidavit. It was further submitted that even as per prosecution version, developed during investigation, the role of stabbing the deceased has been assigned to co-accused Pawan Kumar, who has already been enlarged on bail by co-ordinate Bench of this Court, the copy of which, is available on record. The case of applicant-accused is on better footing than of co-accused Pawan Kumar. Lastly, it has been submitted that the applicant-accused is languishing in jail since 13/8/2022 and that in case, the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.