Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Gabbar Chaudhary in Case Crime No. 315 of 2020, under Section 302, 34 I.P.C., P.S.- Yamunapar, District - Mathura.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. Further submission is that the F.I.R. was lodged against unknown persons and as per police version on the basis of information received from police informer, the accused and other accused persons were arrested and on the basis of confessional statement they were made accused in this case. Further submission is that there is no evidence against the accused applicant except the confessional statement. Further submission is that nothing incriminating has been recovered from the applicant. It is further submitted that applicant has no criminal history 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 06.10.2020 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, but has conceded that there is evidence of last seen and confessional statement of accused applicant.
Having heard the submission of learned counsel of both sides, considering the fact that the case is totally based on circumstantial evidence and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Gabbar Chaudhary be released on bail in Case Crime No. 315 of 2020, under Section 302, 34 I.P.C., P.S.- Yamunapar, District - Mathura, on 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 :- 7.1.2021 Bhanu