Heard learned counsel for the applicant, Sri Sunil Kumar Tiwari, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Aman @ Daini in Case Crime No. 63 of 2020, under Sections 302, 201, 34, 120B I.P.C., Police Station Garhmukteshwar, District Hapur.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. It is submitted that applicant was not named in the FIR and his name subsequently came in the statement of the informant, who expressed his suspicion that the applicant and his associates must have committed murder of the deceased as the applicant having illicit relationship with the wife of the deceased. It is further submitted that the name of the applicant came in light only in the second statement of the informant and there was nothing concrete against him because that he expressed that suspicion. On that basis, the applicant was arrested and he was forcefully compelled to make a statement. It is stated that co-accused Virendra has already been granted bail by this Court vide order dated 27.1.2021 in Crl. Misc. Bail Application no. 5415 of 2021. It is submitted that case of the applicant is on much better footing as no recovery of any incriminating material has been made from the accused applicant. It is further submitted that accused applicant has no criminal history and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 20.2.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet against the accused.
Having heard the submission of learned counsel of both sides, considering that the case is based on circumstantial evidence and the circumstances are yet to be established during trial, thus, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Aman @ Daini be released on bail in aforesaid case crime on his 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 :- 29.1.2021 Dhirendra/