It is contended by learned counsel for the applicant that the applicant is not named in the F.I.R. His complicity as a participant in the crime has been surfaced when he was arrested along with co-accused Shailendra Pratap Singh and Pawan Patel in a police encounter in a suspicion condition. He has further submitted that another proposed evidence is the statement of one Kallu Noniya who has named the applicant as well as two other above named co- accused persons. He has further submitted that under the similar set of circumstances co-accused Shailendra Pratap Singh and Pawan Patel have been granted bail by another Bench of this Court. He has further submitted that in the other criminal cases shown against the applicant, he has been acquitted. Learned A.G.A. could not dispute the said fact.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Csonsidering totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant Komal kori @ Sarfaraz Khan involved in case Crime No. 9/08 under sections 394/411/302 I.P.C. P.S. Husainganj District Fatehpur be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfation of the court concerned with the following conditions that;
1. The applicant shall not tamper with the prosecution evidence by intimidating the witnesses.
2. He shall co-operate with the investigation and speedy trial.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 4.1.2010 GNY