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 Gulab Sen in Case Crime No. 226 of 2020, under Section 302 I.P.C., P.S.- Kabrai, District Mahoba.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. It is submitted that accused applicant was not named in the F.I.R. and subsequently, statement of certain witnesses were recorded by the I.O. in which they stated that accused applicant made an extra judicial confession to the landlord, on that basis he was arrested and the accused applicant made a confessional statement to the police also. Some of the witnesses also disclosed that accused applicant was not happy as he suspected that his daughter is not good character and they suspected that accused applicant must have committed murder of his daughter. Submission is that except extra judicial confession and confession made to the police there is no evidence at all, other evidence given in the category of motive only and that is mere suspicion, which cannot become substitute of evidence. 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 2.9.2020 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. However, he has not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the fact that whole case is based on circumstantial evidence and confessional statement, which is yet to be established during trial, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Gulab Sen 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 :- 13.1.2021 Dhirendra/