Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Maalik in Case Crime No. 279 of 2019, under Section 302, 201 I.P.C., P.S.- Kalpi, District - Jalaun.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission of the learned counsel is that the F.I.R. was lodged against unknown persons by informant Aamir, after the dead body of the deceased was recovered. Submission of the learned counsel is that the case is based on circumstantial evidence and subsequently after the lapse of 9 months on the basis of information received from an informer, the accused applicant and another accused persons were arrested and they made confessional statement and on the pointing of the accused applicant, the blood stained T-shirt was recovered. Submission of the learned counsel is that thereafter, two witnesses were examined by the I.O., the first was Kaleem who stated that he saw the deceased going with the accused persons on the motorcycle, which deceased was himself driving and Nayeem was sitting behind him and another motorcycle was being driven by co-accused Shalu and behind him present accused applicant was sitting. Thereafter, one more witness Kasim has been examined who had stated that he saw the accused persons returning on one bike and with them he did not saw the deceased. Submission of the learned counsel is that the confessional statement was forged and the recovery is fake and the witnesses were examined after 9 months itself shows that some manipulation was made during investigation. Further submission is that the case is based on only last seen evidence and the recovery of blood stained T-shirt and it look strange that after 9 months, the accused applicant was keeping with him a blood stained T-shirt. It is further submitted that applicant has no criminal history and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 02.06.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the fact that the case is totally based on circumstantial evidence and the circumstances are yet to be established during trial, therefore, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Maalik be released on bail in Case Crime No. 279 of 2019, under Section 302, 201 I.P.C., P.S.- Kalpi, District - Jalaun, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 he 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 :- 9.2.2021 Bhanu