Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8504 of 2021 Applicant :- Luxman Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.,Surendra Singh
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit filed by learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
None has appeared on behalf of the first informant despite taking the case in revised list.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. As per prosecution version, the deceased was taken away on 17.10.2020 at 11 p.m. by applicant and co-accused Rajendra Prajapati and Kamtu Prajapati and thereafter his dead body was recovered on 20.10.2020. It was submitted that except alleged last seen evidence, there is no other evidence against applicant. There is no eye-witness of the alleged incident and that the only circumstance that the deceased was last seen with applicant and two co-accused persons is not reliable and the dead body has also been recovered after 3 days of incident. There is no motive on the part of applicant to cause death of deceased. As per prosecution version alleged debt of Rs. 10,000/- on deceased was of co-accused Kamtu Prajapati. It was further submitted that alleged recovery of 'niwar' string shown at the instance of applicant and co-accused persons is false and there is no independent witness of alleged recovery and infact the said recovery was planted upon the applicant and co-accused persons. It has further submitted that the the applicant is languishing in jail since 23.10.2020 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that there is last seen evidence against the applicant.
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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Luxman Prajapati involved in Case Crime No. 266 of 2020, under Sections 302 and 201 of IPC, Police Station Kabrai, District Mahoba, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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 he is accused, or suspected, of the commission of which he is 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 SA