Sri Santosh Kumar Gupta, Advocate has filed his Vakalatnama on behalf of the complainant is taken on record.
Heard Sri Shiv Shanker Yadav, learned counsel for the applicant, Sri Santosh Kumar Gupta, learned counsel appearing on behalf of the complainant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Jai Shyam with a prayer to enlarge him on bail in Case Crime No. 227 of 2019, under Sections 302, 34 I.P.C., Police Station Bhadohi, District Bhadohi.
As per prosecution version on 20.06.2019, the son of the deceased has lodged a first information report that when his father was sleeping on the pumping set, he was found to have killed by some unknown person by an incised weapon. The dead body was for the first time seen by Sudha Devi, the sister-in-law (Bhabhi) of the informant and on the basis of suspicion, the first information report was lodged against seven accused persons including the applicant.
Learned counsel for the applicant has submitted that on the basis of enmity and rivalry, the first information report was lodged. There is no eye witness of the alleged incident. The police has submitted charge sheet only on the basis of confessional statement of the co-accused persons. So far as, the criminal history for the office of murder is concerned, it has been stated by the applicant in para 27 of the affidavit filed along with bail application that he was not named in the first information report and moreover, he has already been released on bail. There is no otherwise criminal history of the applicant. Learned counsel for the applicant has further submitted that the bail application of the co-accused Brijesh Kumar has already been allowed, although, the bail order is yet to be uploaded. Learned counsel for the applicant has further submitted that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 21.08.2019, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 19.12.2019 sailesh