Two supplementary affidavits filed on behalf of applicant, are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR was lodged against unknown by Urmila, daughter of deceased. In FIR it has been mentioned that the mother of informant namely Raji Devi was living alone. On 5.12.2018 at about 2:00 P.M. the informant was informed that her mother is lying dead on cot. The injury is present on her head and blood was oozing from nose. On the information the informant reached at the house of her mother and FIR was lodged thereafter. The name of applicant came into light during investigation. The informant and other villagers expressed suspicion against the applicant. Witness Jaswant Singh has stated that applicant has confessed his guilt before him. Except the extra judicial confession there is no other cogent evidence against the applicant. In fact, the applicant has not confessed his guilt before Jaswant Singh. There is no cogent evidence on record to connect the applicant with the alleged offence. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has falsely been implicated only on the basis of suspicion. The applicant has no criminal history and is in jail since 12.2.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Krishan Murari Singh @ Babal Singh involved in Case Crime No. 718 of 2018, under section 302 IPC, P.S. Ghanghata, District Sant Kabir Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.5.2019 Masarrat