1. Counter affidavit filed by learned counsel for the first informant today in the Court is taken on record.
2. Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A for the State and perused the record.
3. According to the prosecution version on 26.08.2020 at 8 A.M. the deceased has gone to irrigate his field and after that the deceased has gone missing and that on 27.08.2020 his dead body was found in a nearby field.
4. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was submitted that the applicant is not named in the F.I.R. and that there is no eye-witness of alleged incident. It was further submitted that statement of alleged witness Rekha has been recorded after four days of the incident and she has merely stated that she has seen two persons assaulting the deceased and after that applicant and co-accused have made extra judicial confession before her stating that they have killed the deceased. It has been further argued that thereafter the statement of another alleged witness Rita was also recorded after several days of the alleged incident and she has also stated that applicant and co-accused have made extra judicial confession before her. Learned counsel further submits that the statement of the said witnesses are not reliable and that there is no recovery of any incriminating article from the applicant. It was next argued that there is no motive on the part of applicant to commit the murder of deceased and that applicant is languishing in jail since 01.09.2020 having no criminal history and that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
5. Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that during the investigation involvement of the applicant has been found in the murder of deceased. It was stated that as per post mortem report, cause of death of deceased was due to Asphyxia as a result of anti mortem strangulation and thus the death of deceased is homicidal in nature. It was further argued that the above stated witnesses namely, Rekha and Rita have clearly stated about involvement of the applicant in the alleged offence.
6. Considering the submissions of learned counsel for the parties, facts of the case, nature of evidence, period of custody and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.
7. Let applicant Kamlesh @ Pandit Pasi involved in S.T. No. 69 of 2020, Case Crime No. 312 of 2020 under Sections 302, 201 I.P.C., Police Station Puramufti, District Kaushambi, be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
A. The applicant shall not tamper with the evidence during the trial.
B. The applicant shall not pressurize/ intimidate the prosecution witness.
C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
D. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
E. 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 them 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 prosecution shall be at liberty to seek cancellation of bail in accordance with law.
Order Date :- 18.2.2021 S.Ali