The case is to be taken up through video conferencing but leaned A.G.A. could not connect through video conferencing.
Heard learned counsel for the applicant and perused the record.
The present bail application has been moved by applicant, Bhairav Kol @ Bhairo kol to release him on bail in Case Crime No. 113 of 2020, under sections - 302, 364, 201, 429 I.P.C., Police Station-Manikpur, District Chitrakoot.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that F.I.R. is highly belated. Incident is said to have taken place on 01.09.2020 and F.I.R. has been lodged on 06.09.2020 at 21:10 p.m. It is further submitted that applicant is not named in the F.I.R. and co-accused during investigation in their confessional statements recorded on 13.09.2020 has alleged the involvement of the applicant in the present case. It is further submitted that applicant has no previous criminal antecedents. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant, Bhairav Kol @ Bhairo Kol involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 19.4.2021 AKT