Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicants seeking bail in Case Crime No. 116 of 2020, under Sections 304, 323, 504, 506, 34 IPC, Police Station Amapur, District Kasganj, during pendency of trial.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that in respect of the incident first information reports have been lodged from both sides and both sides have suffered injuries. From the side of applicants, two persons namely; Hajari Lal @ Darbarilal and Rubi have suffered injuries. From the side of first informant, three persons namely; Suresh Chandra, Churaman and Indrapal have suffered injuries. Suresh Chandra subsequently succumbed to his injuries.
Learned counsel for the applicants has next submitted that author of the said injuries has not been specified and general role has been assigned, who out of two group was the aggressor cannot be determined at this stage.
Learned counsel for the applicants has next submitted that the applicants are in jail since 19.08.2020 and have no criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicants fleeing away from judicial process or tampering with the witnesses, as such, they be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicants are in jail since 19.08.2020 and have no criminal history to their credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants Chhotu @ Khemkaran and Gulab Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. The applicants will not tamper with the witnesses.
3. The applicants will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 11.1.2021 v.k.updh.