Akeel v State of Uttar Pradesh
Allahabad High Court
3 July 2013
Bail No. 3260 of 2013
The Order of the Court was as follows :
1. Heard learned counsel for the accused applicant, learned A.G.A. for the State and perused the F.I.R. and other relevant papers filed in support of the bail application.
2. The accused applicant is involved in case crime no. 244/2012, under Section 302, 201, 120B/34 I.P.C. police station Taal Gaon, district Sitapur.
3. As per prosecution version, the dead body was recovered on 06.12.12 and information at the police station was given by the chowkidar that the dead body of one unknown person is lying. In the postmortem report, six abraded contusions were found on the dead body of the deceased. Cause of death was found to be asphyxia as a result of strangulation. subsequently after 13 days of the occurrence, statement of the close relative of the complainant was recorded by the police wherein he has informed about the occurrence. He was cousin of the deceased and in his presence the deceased are said to be taken away by the accused on motorcycle and thereafter the deceased was done to death by the accused.
4. It is submitted that the statement of the witness does not inspire confidence as it is unbelievable that the witness who is close relative of the deceased would remain silent for such a long time The accused applicant is in jail since 22.01.2013 as averred in para 17 and has no criminal history as averred in para 18 of the bail application. It is also submitted that there is no likelihood that the applicant would evade the proceedings of the trial.
5. Learned A.G.A. has strongly opposed the prayer for bail but he has not disputed the above contention made by the learned counsel for the accused applicant.
6. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any view on the merits of the case, I find it to be a fit case for granting bail.
7. Let the accused applicant Akeel be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the court concerned/remand Magistrate.
Application allowed
