Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicant, , learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that applicant was named in the F.I.R. but due to non-availability of evidence I.O. submitted final report (closure report) against the applicant. Later on, applicant was summoned under Section 319 Cr.P.C. vide order dated 5.1.2002 on the basis of statements of P.W.1-Nankoo Ram and P.W.2-Kanhairam without giving an opportunity of hearing as well as cross-examination of the witnesses examined before the court. Except the statements of P.W.1-Nankoo Ram and P.W.2-Kanhairam, there is no legal and cogent evidence against the applicant. The applicant is languishing in jail since 17.9.2019 (two months) having no criminal history. The applicant is innocent and has been falsely implicated in this case and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Jal Dhari involved in S.T. No. 17 of 2000, Case Crime No. 171 of 1999, under Sections 498A/304B/302/201 IPC read with Section 3/4 of D.P. Act, Police Station-Jalalpur, District-Ambedkar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.11.2019 OP