The Allahabad High Court allowed bail to accused Alok Kumar Sinha in the Dr A.K. Bansal murder case. Justice Saumitra Dayal Singh observed that Sinha has been in jail since August 25, 2021 and claims to have cooperated in the investigation.
The Court said the applicant’s counsel had submitted that the prosecution case was imaginative with regards to granting bail. With the charge-sheet already filed, there is no hope of early conclusion of the trial and proceeded to grant bail.
The Court ordered: “Without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
The bail granted is liable to be cancelled if any of the terms set are violated. The court observed that just because the deceased had lodged anFIR against the applicant in 2015, wherein, the applicant was enlarged on bail by this court in Criminal Misc. Bail Application order dated June 17, 2016, the applicant’s name has been falsely introduced through a confessional statement of co-accused Shoaib, who was arrested on April 5, 2021.
Senior Counsel submitted that the earlier criminal case lodged by the deceased against the applicant was with respect to money dispute arising from admission to a postgraduate course sought by the son of the deceased at an institution established and run by the applicant.
Other than that solitary occurrence, there is no material whatsoever on record to link the applicant with the occurrence that took place on January 12, 2017 wherein the deceased was shot at and killed in his medical establishment.
The statement of the co-accused Shoaib is stated to be of no relevance as the same was not corroborated with any material available on record. It remains a confessional statement recorded under police custody.
The bail application was filed on behalf of Alok Kumar Sinha with a prayer to release him on bail in case under Sections 302, 120B of Indian Penal Code, Section 7 Criminal Law Amendment Act, 1932, Police Station Kidganj, District Prayagraj, during pendency of trial.
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