Heard over bail application moved by accused-applicant, Bholu Alias Chirag, in Case Crime No. 295 of 2020, under Sections-147, 188, 302, 307, 323, 504, 506 I.P.C. and Section 51-B of Aapda Prabandhan Adhiniyam, Police Station-Kotwali Hata, District-Kushi Nagar.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 01.08.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. It was a quarrel occurred in between resulting injury to both sides; applicant's side too have sustained injuries which were of contusion swelling and abrasion; medico legal report are on record, but unfortunately deceased of informant side succumbed to injuries and ultimately this offence of murder was there; initially case crime number was got registered for the offences punishable under Sections-147, 323, 504, 506, 307, 188 I.P.C. read with Section 51-B of Aapda Prabandhan Adhiniyam, 2005; injuries of applicant's side have not been explained; no specific role of applicant is there; co-accused Jagdamba Singh in Criminal Misc. Bail Application No. 16675 of 2021 and Ram Niwas Singh in Criminal Misc. Bail Application No. 24412 of 2021 have been enlarged on bail; other two co-accused Kalandi Devi in criminal Misc. Bail Application No. 474 of 2021 and Ranjana Devi in Criminal Misc. Bail Application No. 480 of 2021 have already been granted bail; role of applicant is at par with those four accused persons. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent and co-accused persons have been enlarged on bail, as above.
Having heard and gone through materials placed on record, it is apparent that medical report of present applicant's side are also there having injuries in the alleged occurrence; co-accused persons, with same accusation, have been enlarged on bail by co-ordinate Benches of this Court.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Bholu Alias Chirag, 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 :- 19.8.2021 Deepak/