Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Dheeraj Maurya in Case Crime No. 973 of 2019, under Sections 147, 148, 149, 302, 323, 120-B I.P.C., P.S.- Soraon, District Prayagraj.
Learned counsel for the applicant has submitted that the accused applicant is not named in the F.I.R. and he has been falsely implicated in this case. It is submitted that case is purely based on circumstantial evidence and it has been alleged that accused applicant was having relationship with Rajeshwari, wife of the deceased, who is also an accused in the case. It is also submitted that accused applicant was arrested and he made a confessional statement with regard to relationship with the wife of the deceased and also the fact that Rajeshwari informed about the location of the deceased to the accused applicant. It is submitted that except this, there is no other evidence and the case is totally based on circumstantial evidence. Further submission is that co-accused Rajeshwari Pal has already been granted bail by this Court vide order dated 12.01.2021, order is placed for perusal which is kept on record. 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 her either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 30.10.2019 and undertakes that she will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and counsel for the informant have vehemently opposed the prayer of bail on the ground that since the accused applicant was having an affair with co-accused Rajeshwari and call details are also available showing the involvement of the accused applicant that they were in touch on mobile on that time, therefore, natural inference could be drawn that he played a very important role in commission of offence.
Having heard the submission of learned counsel of both sides, if the arguments of learned counsel for the informant and learned A.G.A. are taken to be correct, same will also lead to the fact that case is totally based on circumstantial evidence and such circumstances are yet to be established before the trial court during trial, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Dheeraj Maurya 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 :- 22.2.2021 Bhanu