Learned AGA has supplied copy of the counter affidavit to the learned counsel for the applicant which he may file in the registry.
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 Arbind Chaudhari in Case Crime No. 315 of 2020, under Section 34/302 I.P.C., P.S.- Jamunapar, District - Mathura.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission of the learned counsel is that co-accused persons Gabbar Chaudhary and Shankar @ Ransanga have already been released on bail by the coordinate Bench of this Court vide orders dated 07.01.2021 and 21.01.2021, copy of order has been produced for perusal which is kept on record and it has been submitted by the learned counsel that they have been assigned identical role. Further submission is that accused applicant is not named in the F.I.R. and subsequently, he was arrested and he made a confessional statement and it has been shown that on his pointing recovery of a stone has been made which has been used for causing death of the deceased. Further submission is that the case is totally based on the circumstantial evidence. 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 07.10.2020 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 fact that the case is totally based on circumstantial evidence and the circumstances are yet to be established during trial, therefore, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Arbind Chaudhari be released on bail in Case Crime No. 315 of 2020, under Section 34/302 I.P.C., P.S.- Jamunapar, District - Mathura, 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 :- 3.2.2021 Bhanu