Supplementary affidavit filed by learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant- Manish Sahni with a prayer to enlarge him on bail in Case Crime No. 83 of 2020, under Sections 302 I.P.C., Police Station Khajni, District Gorakhpur.
Learned counsel for the applicant has submitted that the accused-applicant is in jail since 13.05.2020 and charge sheet has already been filed. The applicant has falsely been implicated in the present case. Further submission is that the applicant is not named in the FIR. The FIR has been lodged against unknown person. Submission of learned counsel for the applicant is that in the FIR, it has nowhere been mentioned that any injury was caused by the accused-applicant by use of knife. Similarly, the eyewitness Amarnath has also not stated this fact in his statement. Further submission is that both in the FIR and in the statement of eyewitness, it has been said that the accused-applicant caused injury by use of brick. Submission of learned counsel for the applicant is that there is no previous criminal history of the applicant. Subsequently, extra judicial confession has been manipulated and the accused-applicant has been arrested. Thereafter, he was forced to make his confessional statement. It has also been submitted that the recovery of knife, which has been shown to have been recovered on the pointing out of the accused-applicant is fake and manipulated. It has been submitted that the accused-applicant is prepared to furnish the surety and bond and is giving undertaking that he will cooperate in trial. Learned counsel for the applicant has further submitted that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but he has not been able to explain as to why in the FIR the use of knife has not been stated and why the eyewitness has not stated the fact that the accused applicant caused any injury by use of knife, moreover, if taken the entirety of the situation, it appears that the injury has been caused by use of brick as mentioned in the FIR and as stated by the eyewitness. As such no deadly weapon has been used in the commission of the offence.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the 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 applicant 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 :- 18.2.2021 SK Srivastava