Supplementary affidavit filed by learned counsel for the applicant today in the Court is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was submitted that applicant is neither named in F.I.R. nor there is any eye-witness of the alleged incident and there is even no circumstantial evidence against the applicant. It was further submitted that applicant has been shown involved in the instant case merely on the basis of confession made by him before the police. As per prosecution version, co-accused Sandeep has thrown the mobile of deceased in canal and thus the alleged recovery of mobile from the possession of the applicant cannot be believed. It was further submitted that weapon of offence, cheque book, pass book and Adhar card of the deceased have been recovered from the possession of co-accused Sandeep, who has been granted bail by co-ordinate Bench of this Court vide order dated 09.11.2020 passed in Criminal Misc. Bail Application No. 20638 of 2020. It was further argued that the role of the applicant is not such incriminating as that of the co-accused Sandeep and that applicant is languishing in jail since 10.09.2020 having no criminal history and that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail, however it has not been disputed that co-accused Sandeep has been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.
Let applicant Lankesh involved in Case Crime No. 57 of 2020 under Sections 302, 201, 406, 411, 120-B, 34 I.P.C., Police Station Kasganj, District Kasganj, be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.1.2021 S.Ali