All HC | Material on record to be properly appreciated before rejecting application of bail; order of rejection of bail set aside

Allahabad High Court: Faiz Alam Khan, J., allowed the bail application which was rejected by the subordinate court on the ground that material on record was not properly appreciated.

 A bail application was made by the applicant against the crime registered under Sections 302, 201, 376 IPC and 3(2)(v) SC /ST Act. 

Dileep Kumar Yadav, Counsel for the applicant submitted that the appellant was falsely implicated in this case. Nothing, as claimed by the prosecution, was committed by the appellant. It was further submitted that, there was no direct evidence in this case. An apprehension was stated in the statement given to the Investigating Officer by the informant that the appellant wanted to marry the deceased and he being of a different caste, Informant was not inclined to get her daughter (deceased) married with the appellant and on the basis of this enmity, the appellant had committed the crime with the help of other co-accused persons namely Pintoo Yadav, Pappu Mishra and Shanti w/o Gopi. The counsel also informed that the witness who had given the statement was Pradhan of the village and had enmity with the accused. The other co-accused persons against whom identical allegations had been levelled, was released on bail by co-ordinate Benches of this Court and thus on the above ground and fact that appellant had no criminal history, prayed for the bail. 

Counsel for the respondent opposed the contention raised on behalf of the appellant and submitted that, there was no illegality, so far as the rejection of the bail application of the appellant by the Subordinate Court was concerned, as he had committed a heinous offence. 

The court opined that I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside. The bail was thus granted with the conditions, breach of which shall be the ground of cancellation. [Shaguni v. State of U.P., 2019 SCC OnLine All 2409, decided on 4-7-2019] 

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