Heard Sri Arun Kumar Gupta, learned counsel for the applicant, the learned AGA for the State and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 06 of 2020, under sections 302 and 201 of the Indian Penal Code, Police Station Madhoganj, District- Hardoi is seeking enlargement on bail during the trial.
According to the prosecution case, on 30.12.2019, Promod Kumar Kashyap, the deceased left his house and did not return. On 07.01.2020, the body was found floating in Sharda Canal.
The learned counsel for the applicant has contended that the applicant is not named in the FIR; that the case rests on circumstantial evidence as there is no eye witness. It has been pointed that the co-accused Deepanshu Joshi and Bhola Kasyap, who have been ascribed a similar role, have been enlarged on bail vide orders dated 28.01.2021 passed in Bail No. 7031 of 2020 and 5677 of 2020 respectively. The counsel contends that the applicant has no criminal history and he is languishing in jail since 19.02.2020. It is contended that there is no possibility of the applicant fleeing away from judicial custody or influencing the witnesses.
Learned AGA though has opposed the bail application but could not dispute the submissions of the learned counsel for the applicant. It is also not disputed that the present applicant is entitled for the parity of bail orders dated 28.01.2021 passed by this Court in Bail Application Nos. 7031 of 2020 and 5677 of 2020 whereby bail has been granted to the co-accused Deepanshu Joshi and Bhola Kasyap.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case, I am of the view that the applicant has made out a fit case for grant of bail on the ground of parity with the co-accused Deepanshu Joshi and Bhola Kasyap. Hence, the bail application is allowed.
Let the applicant,Lallan Kasyap, involved in Case Crime No. 06 of 2020, under sections 302 and 201 of the Indian Penal Code, Police Station Madhoganj, District- Hardoi be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, cooperate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 25.8.2021 Ashish