Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 233 of 2020, under Section 302 IPC, Police Station Gyanpur, District Bhadohi, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that applicant has been nominated in the FIR on the basis of report lodged by SI Mahendra Kumar, however, no specific role of causing death of the deceased has been assigned to the applicant.
Learned counsel for the applicant has next drawn the attention of the Court to the statements of the parents of the deceased, in which, it has been stated that the co-accused Rakesh in fact had killed the deceased. Even in the statements of witnesses Praveen Kumar and Rajat Upadhyay, applicant has been nominated on the basis of suspicion and there is no concrete evidence against the applicant.
Learned counsel for the applicant has next submitted that the applicant is in jail since 23.10.2020 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 23.10.2020 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Kamlesh Yadav @ Shintu be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. The applicant shall not tamper with the witnesses.
3. The applicant shall not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed.
Order Date :- 25.1.2021 NA