Heard learned counsel for the applicant and the learned A.G.A. for the State. This application has been filed on behalf of the applicant Kaluwa alias Praveen who is accused in Case Crime No. 797 of 2009, under Section 302 and 307 I.P.C., registered with P.S. Sikandrabad, District Bulandshahar for being enlarged on bail during the pendency of the trial. It has been contended that the incident alleged to have taken place at night and there is no eye witness of the crime. It has further been contended that in the F.I.R. the informant had stated that after being hit on his head by the applicant and other co-accused, he became unconscious and upon regaining his conscious in the morning he found the dead body of his brother lying nearby whereas in his statement recorded under Section 161 of the Cr.P.C. he stated that he was informed by the villagers in the morning that his brother's dead body was lying in the Jungle. The variance in the version of the informant given by him in his statement recorded under Section 161 Cr.P.C. and in the F.I.R. casts doubt on the prosecution story. It has been next contended that the applicant has no criminal antecedents and he in in jail since 08.12.2009. The evidence which has come against the applicant is a circumstantial evidence. It is also argued that the co-accused Amanpal alias Guddan who has been assigned same role has been granted bail by another Bench of this Court on 26.05.2010, in Criminal Misc. Bail Application No. 12420 of 2010, photo copy of which, has been produced before this Court, which is taken on record.
The prayer for bail has been vehemently opposed by the learned A.G.A. Considering the nature of submissions made on behalf of the applicant and the fact that the applicant has no criminal antecedents, without expressing any opinion on merits on the case, this court is of the view the applicant is entitled to be enlarged on bail during the pendency of the trial. Let the applicant Kaluwa alias Praveen son of Sri Balram, involved in Case Crime no. 797 of 2009 under Sections 302 and 307 I.P.C. P.S. Sikandrabad District Bulandshahar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- I.The applicant shall record his attendance before the concerned C.J.M. on the 7th day of every month.
II.The applicant shall not tamper with the prosecution evidence.
III.The applicant shall co-operate in the early conclusion of the trial and will not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 16.6.2010 S.Ali