Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against unknown by Ravi Prakash Pal, brother of deceased on 5.9.2018. In FIR it has been mentioned that the younger brother of informant namely Vijay Prakash had gone on 3.9.2018 with his E-rickshaw. When he did not return in the night a Gumshudagi was lodged in this regard. Today he saw the photo of deceased in mobile of Inspector of police chauki Phaphamau then he came to know that his brother has been murdered. The dead body of the deceased was recovered near the railway track on 4.9.2018. Wife of the deceased namely Shobha Pal has also expressed suspicion against the applicant and co-accused Gaurav @ Golu for committing murder of the deceased. Showing the arrest of applicant on 24.9.2018 a recovery of Adhar Card of deceased, 4 batteries of E-rickshaw and one motorcycle and one knife has been shown on the pointing out of the applicant and co-accused Gaurav @ Golu. It has further been submitted that the alleged recovery has been shown after about 21 days of the alleged incident. There is no evidence on record to show that the alleged recovered batteries belong to E-rickshaw of deceased. There was no blood stain on the alleged recovered knife. It has further been submitted that there is no eye witness of the alleged occurrence. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 24.9.2018.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Abhishek Paul involved in Case Crime No. 307 of 2018, under section 302, 201 IPC, P.S. Shivkuti, District Allahabad be released on bail on his furnishing a personal bond with 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.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.4.2019 Masarrat