Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Alleged incident has been shown of 28.08.2020 but first information report has been registered after long delay on 06.10.2020 and no satisfactory explanation for this long delay has been shown in first information report. It has been further submitted that even as per version of complainant he is not eye witness of alleged incident and that the only eye witness of alleged incident has been shown one Ghurhu but his statement has been recorded after long delay on 15.10.2020. As per version of said Ghurhu he has remained present along with complainant since incident and has also reached at the spot after incident but despite that he did not disclose the name of applicant for about one and a half month. Learned counsel submitted that deceased has sustained only one injury at head and that it is quite probable that he might have sustained the said injury by falling on ground. It has been further submitted that applicant is specially abled person and he is languishing in jail since 06.10.2020 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of evidence, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicantBhaggan @ Ramanand Sahni involved in Case Crime No.194 of 2020, under Section 304-B of IPC, Police Station Uska Bazar, District Siddharth Nagar, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.1.2021 Mohit