Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
It is contended by applicant's counsel that as per the prosecution story, on 8.8.2020 at about 2.00p.m., the applicant along with co-accused Narendra were present in their field. Narendra has assaulted the deceased on her head with danda and that is why she died.
It is also contended that general allegation has been levelled against both the accused persons. The incident took place on 8.8.2020, however, the first information report has been lodged after 10 days, i.e. on 19.8.2020. The eye-witness Ritesh has assigned the role of catching hold to the present applicant and role of causing assault has been assigned to the co-accused. Recovery of danda has also been made on pointing out of the co-accused and no recovery has been made from the present applicant. The applicant has no criminal history. The applicant is in jail since 20.8.2020.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant Bhagole, involved in Case Crime No.337/2020 under Section 304 I.P.C., P.S. Tandiyawan, district Hardoi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 29.1.2021 kkb/