The Allahabad High Court has allowed the bail application of Gabbar Nishad of Karelabagh locality in Prayagraj city, an accused who has been in jail for 12 years for murder.
A Single Bench of Justice Ajit Singh passed this order while hearing a Criminal Misc Bail Application filed by Gabbar Nishad.
By means of the application, the applicant who is involved in Case under section 302 I.P.C, P.S Kareli, district-Prayagraj, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against unknown person, mentioning therein that on 8.6.2010 at about 7:30 p.m when the informant was going toward workshop near Jal Sansthan, then he saw a dead body of an unidentified person lying in the field of Jal Sansthan.
Counsel for the applicant submitted that the applicant was not named in the first information report. The implication of the applicant in the case is based only upon hearsay evidence. No one had seen the incident. No incriminating article or material has been recovered either from the applicant or on his pointing out.
Further submission is that the applicant is absolutely innocent and has been falsely implicated in the case due to some ulterior motive. The applicant is in jail for the last more than twelve and half years and the trial has not yet been concluded.
He lastly submitted that the applicant, who is in jail since 14.6.2010 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by the Additional Government Advocate.
“Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of the counsel for the parties, considering the period of detention in jail, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial”, the Court observed.
The Court ordered that,
Let the applicant, Gabbar Nishad be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.