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 Krishna Chouhan with a prayer to enlarge him on bail in Case Crime No. 409 of 2020, under Sections 302, 201 I.P.C., Police Station Robertsgunj, District Sonbhadra.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Submission is that the wife of the deceased and the accused-applicant were suspected by the deceased to have illicit relationship and on the fateful day, the deceased was killed in the night. Further submission is that the accused applicant is although named in the first information report but the informant has is not the eye witness. The accused-applicant has been named as accused only because of the alleged relationship with the wife of the deceased. It has been submitted that on the basis of first information report, the accused-applicant was arrested and his forceful confession was recorded by the I.O. and on his pointing out, the mobile of the deceased was recovered from an open place which was in the hedges. It has also been submitted that the said recovery has been manipulated and on that basis, the accused-applicant cannot be implicated in the present case. The 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 cooperated 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 11.06.2020, 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 perusing the material on record as well as the fact that the case is based on circumstantial evidence and 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 :- 2.2.2021 sailesh