Heard learned counsel for the applicant, learned AGA and perused the record.
It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. There was no motive to commit murder, hence, he was released on bail. The applicant was appearing before the court regularly for five years. Subsequently, the father of the applicant expired, hence the applicant could not appear on the date fixed before the court. Thereafter, the applicant went to Delhi along with his sister to send her. At Delhi the applicant was implicated under section 25 of Arms Act and he was released from jail on 28.1.2011. Thereafter, he received serious injury and was under treatment. The Medical prescription has been filed as annexure-2 to this application. However, the applicant has himself surrendered before the court concerned on 22.3.2011 and since then he is in jail.
Learned AGA opposed the aforesaid prayer on the ground that for a long period, the applicant was absent, hence he is not entitled for bail.
Considering the submissions of learned counsel for the parties, totality of facts and circumstances of the case, without expressing any opinion on the merits of the case, I consider it a fit case for bail.
Let the applicant Gavendra Singh alias Daini be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned in case crime no. 24 of 2004 under section 302 IPC, P.S. Jaithra, District Etah provided the applicant cooperates with the trial. In case of non-cooperation by the applicant, the trial court shall be free to take him in custody and send in jail.
Order Date :- 13.5.2011 Gss