In view of COVID-2019 pandemic, the matter is being heard through Video Conferencing.
Explanation was called from the Joint Registrar (Criminal) for not uploading the counter affidavit as well as rejoinder affidavit on the official website of e-mode.
The Joint Registrar (Criminal Bail) has submitted his explanation. The cause shown is reasonable and sufficient.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Prosecution story in the F.I.R. dated 25.08.2018 is that the applicant had seen his son at 02.00 a.m. on 25.05.2018 when he was sleeping outside the house but in the morning he could not able to find him at around 08.00 a.m. and after search he found the dead body of his son near the pond.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submitted that the applicant has lodged the F.I.R. against the four persons, namely Jaypal, Rameshwar, Murli and Nirmal, in place of arresting the accused persons, police after investigation come into conclusion that the complainant, father of the deceased, himself murdered his son. Learned counsel for the applicant has further submitted that the co-accused Ayodhya Prasad Rawat has already granted bail vide order dated 11.02.2020 vide passed in Bail No. 1801 of 2019. He further submitted that the prosecution failed assign any motive against the applicant. The chain of circumstances against the applicant is totally incomplete and he further submits that there is no chance of applicant's fleeing away from the judicial process or tampering with the prosecution evidence and is in jail since 10.06.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Bhola Rawat involved in Case Crime No. 81/2018, under Sections 302 and 201 I.P.C., Police Station Baddupur, District Barabanki 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;
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.4.2021 Arvind