Vakalatnama filed by Shri Ram Singh, Advocate on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the complainant and perused the record.
The present bail application has been filed by the applicant in F.I.R. No. 107 of 2019, under Sections 201 and 302 I.P.C., Police Station Summanpur, District Ambedkar Nagar.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 04.06.2019.
It has been submitted by the learned counsel for the applicant that F.I.R. No. 107 of 2019 was lodged by the informant implicating the applicant, merely on the basis of suspicion. Allegations made by the informant in the F.I.R. are that on 30th May, 2019, at about 8 p.m., when his brother (deceased) was going to take dinner, someone called him, on which, he went out telling his mother that he is going along with Kalloo and Aganu and he will come back soon, but he could not come back. Thereafter, application was given and F.I.R. was registered. Learned counsel for the applicant has further submitted that there is no evidence against the applicant. He has also submitted that the co-accused Aganu has already been granted bail by a coordinate Bench of this Court vide order dated 6th November, 2019 passed in Bail Application No. 9438 of 2019. Certified copy of the said order provided by the learned counsel for the applicant, is taken on record.
It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that ample evidence has been collected by the Investigating Officer. However, he has fairly conceded co-accused Aganu has already been granted bail.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Kalloo @ Ram Achal be released on bail in F.I.R. No. 107 of 2019, under Sections 201 and 302 I.P.C., Police Station Summanpur, District Ambedkar Nagar, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 26.11.2019/VKS