ASHOK Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.639 of 2008, under Section 302, 506 I.P.C. and 3 (2) V S.C./S.T. (P.A.) Act, Police Station Pali, District Hardoi. As against the genuineness of the prosecution case and proposed evidence it is submitted that the entire prosecution story is patently unbelievable. According to the story at about 2:00 p.m. one Surnam had taken away the deceased from his house. When he did not come back for quite sometime then his father came out of his house to search along with two witnesses. He suddenly heard some shrieks coming out from a grove and then in the torch light they saw the accused persons including the applicant running away from that place. Though they chased them but without any success. After coming back they found the dead body lying on the spot at about 2:00 p.m. in the night. The distance of the police station is only six kilometers but the report was lodged at 11:30 a.m. It is submitted that the claim witnessing the occurrence in the aforesaid manner, is false and when the dead body was found in the late morning then only an anti timed report was lodged and that is why no crime number has been appended either on the photo lash or in the letter addressed to the C.M.O. Further it is said that the applicant has been assigned with country made gun and iron rod (sariya) but in the post mortem report only incised wound has been found besides one small abrasion. Co-accused who was assigned with Banka has already been enlarged on bail by this Court's order dated 19.03.2009 passed in Criminal Miscellaneous Case No.1801 (B) of 2009 (Annexure-1). He is said to be in jail from 09.11.2008. It is claimed in para 20 that there is no criminal history against him. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove and also the ground of partial parity, I find it to be a fit case for granting bail. Let the applicant (Ashok) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.