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 case crime No. 03/2020, under Sections 147, 148, 323, 304 IPC, police station Bagauchghat, District Deoria with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is not named in the F.I.R. and he has been falsely implicated in this case. It was submitted that informant has named the applicant in his statement recorded under Section 161 Cr.P.C., but he did not name him in the F.I.R. It was further submitted that only general allegations have been made against all the accused persons including the applicant and no specific role has been assigned to the applicant. It was also submitted that deceased has sustained seven injuries, but there is no specific evidence that who has caused the fatal injury to the deceased. It has further been submitted that similarly placed co-accused persons, namely, Markandey Gupta, Deepak Dubey @ Deepu and Rajan Sharma have already been enlarged on bail by different Benches of this Court, copies of which have been collectively annexed as annexure no. 8 to the bail application. It has further been argued that the applicant is in judicial custody since 02.01.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. However, it has not been disputed that similarly placed co-accused persons have already been enlarged on bail by different Benches of this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Durgesh Kushwaha involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case Order Date :- 3.2.2021 Anand