Heard learned counsel for the applicant, 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 Kamlesh Nath with a prayer to enlarge him on bail in Case Crime No. 14 of 2018, under Sections 302, 394, 404 I.P.C., Police Station Saurikh, District Kannauj.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Submission is that although the accused-applicant is named in the first information report bu the informant is not an eye witness. Further submission is that on the recovery of the dead body, the first information report was lodged and the inspection report of the place of occurrence was prepared, which is attached at page 38 of the bail application, wherein it has been mentioned that near the dead body, a blood stained stick was found. Further submission is that the evidence of last seen has been given by three witnesses namely Ram Naresh, Ram Kishore and Mahipal Singh, who had stated that they saw the deceased going with the accused-applicant one day before and thereafter on the next day, the information of the murder of the deceased was heard. Submission is that, except the last seen evidence, there is no evidence against the accused-applicant. The accused-applicant was arrested and his confessional statement was forcefully obtained and on his pointing out a blood stained stick was also recovered. Submission is that the confessional statement was forcefully obtained and blood stained stick has been manipulated in the inspection report of the place of occurrence. It has already been mentioned that at the time of recovery of the dead body, the blood stained stick was found near the dead body. It has been submitted that the present case is totally based on circumstantial evidence. The accused-applicant is prepared to furnish the surety and bond and is giving undertaking that he will cooperate in trial. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and 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 17.01.2018, 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 already filed charge sheet in the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also the fact that the present case is totally based on circumstantial evidence and the circumstances are yet to be established during trial, 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 will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.2.2021 sailesh