Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Akash Kumar Ga[email protected] Ponga in Case Crime No. 49 of 2019, under Section 302 I.P.C., P.S.-Bithoor, District - Kanpur Nagar.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. Further submission is that there is no evidence against him except the confessional statement of the co-accused. Submission of the learned counsel for the applicant is that the co-accused Ashish @ Babloo Bajpayee in whose confessional statement the name of the accused applicant has come has already been granted bail by the coordinate Bench of this Court and bail order is annexed as Annexure no. 8 to the affidavit filed in support fo the bail application. Further submission is that nothing incirminating has been recovered from the possession of the applicant. It is further submitted that applicant has no criminal history and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 13.02.2019 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Akash Kumar [email protected] Ponga be released on bail in Case Crime No. 49 of 2019, under Section 302 I.P.C., P.S.-Bithoor, District - Kanpur Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 7.1.2021 Bhanu