BALA KRISHNA NARAYANA Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER affidavit and supplementary affidavit filed today be kept on record. Heard learned counsel for the applicant and the learned Additional Government Advocate. It is not in dispute that the co-accused Soljar alias Sanjay and Anoop who are not named in the F.I.R. have been granted bail by this Court. The applicant is also not named in the F.I.R. The applicant is involved in Case Crime No. 09 of 2009, under Sections 147, 148, 149, 307, 302, 452, 504, 506 I.P.C. and Section 7 Crl. L.A. Act and Section 2/3 U.P Gangster Act, Police Station Laharpur, District Sitapur. As against the complicity of the applicant and proposed evidence, it is submitted that he is neither named in the F.I.R. nor in the statement recorded under Section 161 Cr.P.C which was taken initially. It is said that in the subsequent confessional statement of co-accused Guddu @ Gangadhar his name came into the light and on that basis he was arrested on 12.01.2009. The statement of the first informed and two family members and some villagers have been brought on record. Learned counsel took this Court through those statements and pointed out that no overt act has been assigned to the applicant. The main role of committing murder has been assigned to co-accused Guddu, and Saktu (non-applicants). It is also said that nothing has been recovered from his possession. The bail is, however, vehemently opposed by the learned Additional Government Advocate. The points pertaining to nature of accusation, 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, without entering into the merits of the case and particularly having regard to the fact that no specific role has been assigned to the applicant and his case is distinguishable from the main accused Guddu and Saktu, I find it to be a fit case for granting bail. Let the applicant, Philanch be enlarged on bail on his furnishing a personal bond of Rs.40,000/- and two local and reliable heavy sureties in the like amount to the satisfaction of the Magistrate concerned. It is further provided that if the applicant does not co-operate with the trial or absents himself without any sufficient reason, the court below can cancel his bail.