Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicants seeking bail in Case Crime No. 220 of 2020, under Sections 147, 148, 323, 504, 506, 302 IPC, Police Station Khutahan, District Jaunpur, during pendency of trial.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that in respect of incident, cross case has been lodged from both the sides and both the sides have suffered injuries. From the side of the applicants, one Ram Khelawan has died and four other persons, namely, Jiya Lal, Dharmendra, Indu and Keshav have suffered injuries, whereas from the side of the first informant, two persons Ram Chandar and Baij Nath have died and five other persons, namely, Arjun, Rajesh, Indresh, Vindesh and Ghana have suffered injuries.
Learned counsel for the applicants has next submitted that similarly placed co-accused Jiya Lal has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 48287 of 2020 vide order dated 04.01.2021 and case of the applicant stands on the same footing as that of the co-accused, who has already been granted bail by co-ordinate Bench of this Court.
Learned counsel for the applicants has next submitted that the applicants are in jail since 24.08.2020 and have no criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicants fleeing away from judicial process or tampering with the witnesses, as such, they be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that similarly placed co-accused Jiya Lal has already been granted bail by co-ordinate Bench of this Court and that the applicants are in jail since 24.08.2020 and have no criminal history to their credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants Jagarnath Paswan and Rakesh Paswan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants shall continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. The applicants shall not tamper with the witnesses.
3. The applicants shall not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 13.1.2021 NA