Counter affidavit filed today be kept on record.
Heard learned counsel for the applicant and learned AGA for the State. It is submitted by learned counsel for the applicant that the applicant is not named in the First Information Report. It is next contended that as far as the complicity of the applicant as a participant in the crime is concerned, the prosecution version is totally based upon the recovery of stolen jewellery from the applicant and other co-accused Hafiz @ which is said to have been made four months after the alleged incident which makes the recovery suspicious and doubtful. The three other criminal cases in which he was involved which are of the year 2006, the applicant has been granted bail. The applicant is in jail since 22.10.2009.
Learned AGA vehemently contended that there is sufficient material on record indicating the complicity of the applicant in the crime and hence is not entitled to be enlarged on bail during the pendency of the trial. After considering the facts and circumstances of the case and submissions made by the learned counsel for both the parties, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
Let the applicant Babu Rajbhar @ Ramesh involved in case Crime No.564 of 2009 under Sections 394, 411 IPC., P.S. Cantt, District Varanasi 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 subject to the following conditions:-
1. The applicant shall record his attendance before the concerned CJM on the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and will not seek any unnecessary adjournments. In case of breach of any of the above conditions, the trial Court will be at liberty to cancel the bail.
Order Date :- 16.6.2010 Pk