Counter affidavit filed today on behalf of State is taken on record.
Heard Amar Pratap Singh, holding brief of Sri Ramesh Chandra Agrahari, learned counsel for the applicant and learned A.G.A. for the State.
The contention raised by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is further contended that the FIR was lodged naming Rajesh Singh Chandel @ Malik as accused. It is alleged that on 22.05.2015 at about 10:00 to 11:00 p.m, the applicant - accused along with some other persons committed murder of the Yaduveer Singh @ Gyan Singh. During investigation one Rajesh Singh, the main accused stated that he and accused applicant committed the crime. Rajesh Singh and the informant are resident of same village and are inimical to each other. It is next contended that the applicant is in jail since 14.09.2015 with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail. However, any observation made herein above, will not affect the trial of the case.
Let the applicant - Dwarikendra Singh @ Bhaiya Ji involved in Case Crime No. 300 of 2015, under Section 309, I.P.C, Police Station - Bidhanoo, District - Kanpur Nagar, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 20.05.2016.
Vinod.