The Allahabad High Court while rejecting the bail application said that the evidence of a hostile witness cannot be discarded in toto, and relevant parts thereof which are admissible in law, can be used by the prosecution or the defence.
A Single Bench of Justice Krishan Pahal passed this order while hearing a Criminal Misc Bail Application filed by Preetam Singh.
The bail application has been filed by the applicant in Case under Section 302 IPC, Police Station Dubhar, District Ballia with the prayer to enlarge him on bail.
As per prosecution story, the applicant, who happens to be the nephew of the deceased person, is stated to have assaulted his uncle by a knife thereby causing his death at the spot on 03.07.2022 at about 4:00 PM over a family dispute.
Counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the case.
Counsel has further stated that all the witnesses of fact have been examined and they have not supported the prosecution story. There is no likelihood of conviction of the applicant in the case. The other witnesses are simply formal witnesses only.
The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant has been languishing in jail since 04.07.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra, A.G.A has vehemently opposed the bail application on the ground that the examination-in-chief of the informant was taken up on 14.11.2021 and he has categorically deposed against the applicant and nominated him to be the assailant of having caused the death of his brother and some cross examination was even taken up the same day. Subsequent to it, further cross-examination of the informant was taken up on 14.12.2021 i.e about a month after the said examination-in-chief and the first informant has resulted from his earlier statement and has been declared hostile by the public prosecutor.
The Court said that the evidence of a hostile witness cannot be discarded in toto, and relevant parts thereof which are admissible in law, can be used by the prosecution or the defence. The Apex Court in Rajesh Yadav and another Etc v State of UP has dealt with the evidentiary value of the Hostile witnesses.
“After hearing counsel for the parties and taking into consideration the fact that the informant has categorically nominated the applicant to be the assailant, I do not find it a fit case for grant of bail to the applicant”, the Court observed while rejecting the bail application.
However, the Court directed that the aforesaid case pending before the trial court be decided as early as possible in view of the principle as has been laid down in the recent judgments of the Apex Court in the cases of Vinod Kumar vs State of Punjab, and Hussain and Another vs Union of India, if there is no legal impediment.