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 Gagan Mehta in Case Crime No. 574 of 2019, CIS NO. UPBR01-005461-2020, under Sections 363, 302, 201 I.P.C., P.S.- Subhashnagar, District Bareilly.
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. was lodged against unknown persons and the dead body of the deceased was recovered, which was found in decomposed condition and in the post mortem report it came that death must have occurred four weeks ago. It is further submitted that there is no direct evidence nor there is any eye witness account, only on the basis of suspicion and on the basis of some chat on Whats-app he has been connected with the crime, there is no reason for him to commit such crime. 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 11.11.2019 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 and submitted that accused applicant made a confessional statement on Whats-app that is serious evidence against him on the basis of which, his involvement in the commission of murder is established.
Having heard the submission of learned counsel of both sides, considering the fact that case is based either on circumstantial evidence or confessional statement of the accused applicant and particularly, accused applicant is in jail from the last 14 months, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Gagan Mehta 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/