Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been moved on behalf of accused-applicant for grant of bail, in Case Crime No.179/2020, under Section 304 IPC, Police Station Kahdaur, District Pratapgarh.
Learned counsel for applicant submits that even presuming of the allegation to be correct, this case has happened within the family in the heat of the moment. There was no intention to cause harm or kill. Deceased was real brother who had come home in heavily drunk state in night and fighting with the father. He further submits that applicant has no previous criminal history.
It is lastly contended that there is no possibility of the applicant 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 is in jail since 06.08.2020 Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant, Kishan Kumar Urf Krishna Kumar be released on bail on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(1) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(2) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(3) The applicant will not tamper with the prosecution witnesses.
(4) The applicant will not indulge in any illegal activities during the period of bail.
(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.
Order Date :- 13.1.2021 Shubhankar (Vivek Chaudhary, J.)