Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in S.T. No.05/20, Case Crime No. 412 of 2019, under Sections 364, 302, 201, 394, 414, 120B, 34 IPC, Police Station Sarojani Nagar, District Lucknow.
Submission of learned counsel for the applicant is that applicant is innocent and he has wrongly been implicated in this case. The case is based on circumstantial evidence. No connecting evidence could be collected by the police. It has been alleged that the applicant and co-accused persons had taken the Honda Amaze vehicle No.UP 53 FT 1469 on rent for Faizabad. On the way, they killed the driver of the car and looted the vehicle. It has further been mentioned in the case diary that looted car met with an accident in District Balia. The driver of the vehicle left the vehicle on the road and fled away. The said vehicle has been recovered by the Balia police as standing on the road as unclaimed. No fruitful investigation of the case has been carried by the Investigating Officer. No evidence has been collected on Toll Plazas through which applicant was traveling with the vehicle. Even neither any evidence has been collected from District Balia, nor any finger print etc. were procured from the vehicle. The dead body of the driver of the vehicle has not been recovered.
Learned counsel for applicant further submitted that on 12.09.2019, the police arrested applicant and co-accused persons and on the basis of confessional statement involvement of the applicant in the murder and loot of vehicle has been shown. Except confessional statement there is nothing on record. One recovery of Nylone rope has been shown from the place of occurrence which is a public place but that is approximately after one and half months. Charge sheet has been submitted. It is also submitted that co-accused persons Manoj Kumar Yadav @ Manoj Yadav and Mithilesh Pandey have already been released on bail by a co-ordinate bench of this Court vide order dated 26.11.2020, passed in Bail Application No.4921 of 2020 and Bail Application No. 3678 of 2020. Applicant is entitled for bail on the ground of parity. Applicant has no criminal history to his credit before the present case. Applicant is in jail since 12.09.2019. If he is released on bail, he will not misuse the liberty of bail and will not indulge in any criminal activity and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for grant of bail but he did not dispute the factual contentions argued by learned counsel for the applicant.
Considering the submissions of learned counsel for the parties, facts and circumstances of the case, nature of supporting evidence, parity, reasonable apprehension of tampering the witnesses and, prima facie satisfaction of the court in support of the charges, without expressing any opinion on the merit of the case, the applicant is entitled to be released on bail.
Let applicant (Desh Raj Singh alias Pankaj alias Chhotu) involved in S.T. No.05/20, Case Crime No. 412 of 2019, under Sections 364, 302, 201, 394, 414, 120-B, 34 IPC, Police Station Sarojani Nagar, District Lucknow be released on bail, subject to the following conditions :-
(i). The applicant will furnish a personal bond with two sureties of the like amount to the satisfaction of the court concerned.
(ii). The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter 33 of Cr.P.C.-
(a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) applicant will not indulge in any criminal activities, and
(c) 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.
(iii). The applicant shall cooperate with investigation /trial.
(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, 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 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.
(vii). The applicant shall remain present, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 11.1.2021 ML/-