Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. Co-accused Pramod, Rakesh @ Pappu and Binay @ Kallu have already been granted bail by co-ordinate Bench of this Court on 3.11.2020, 2.12.2020 and 12.2.2021 through Criminal Misc. Bail Application Nos.28917 of 2020 42817 of 2020 and 9562 of 2021, since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. There is no direct or indirect evidence to support the prosecution case. The applicant is languishing in jail since 12.1.2020, having no criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant [email protected] Chanki involved in Case Crime No. 263 of 2020, under Sections 308, 323, 324, 504, 506 IPC, P.S.-Kannauj, District-Kannauj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.2.2021 A. Singh