Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Copy of the counter affidavit has been supplied to counsel for the applicant by learned A.G.A., he shall file the same in the registry.
This bail application has been given by the accused applicant Devesh Kumar Mishra @ Monu in Case Crime No. 79 of 2020, under Sections 302/34 I.P.C., P.S.- Bisalpur, District Pilibhit.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. It is submitted that F.I.R. shows general allegation against all family members including main accused Ramesh Chandra. It is submitted that only because accused applicant is son of main accused he has been implicated in this case; there are two injury found on the body of the deceased and in the statement of witness Harbir Singh it has been disclosed that main accused Ramesh had caused fatal injury on the neck of the deceased by axe. It has been further submitted that there is no specific role assigned to the accused applicant. It is stated that co-accused Bhuvnesh Kumar has already been granted bail by the coordinate Bench of this Court vide order dated 7.9.2020 in Crl. Misc. Bail Application no. 21935 of 2020. Further submission is that there is no criminal history of the accused applicant and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 27.2.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. However, he has not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the fact that main role of causing fatal injury has been assigned to main accused Ramesh Chandra and the co-accused Bhuvnesh Kumar on the identical role has already been granted bail, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Devesh Kumar Mishra @ Monu be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.1.2021 Dhirendra/