Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in S.T. No. 64 of 2018 arising out of case crime no. 124 of 2018, under Section 304/34 IPC, police station Kotwali Lalitpur, District Lalitpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that applicant was named in the F.I.R., but during investigation, his involvement was not found and he was exonerated by the Investigating Officer and after that during trial, applicant has been summoned under Section 319 Cr.P.C. for the offence under Section 304/34 IPC. It has further been submitted that the role of causing injury to deceased has been attributed to co-accused Manish and that the mere allegation against the applicant is that he and co-accused Suneel have caught hold the deceased. Learned counsel has further submitted that co-accused Suneel has already been enlarged on bail by coordinate Bench of this Court vide order dated 21.05.2018, copy of which has been annexed as annexure no. 10 to the bail application. It was also submitted that applicant has been summoned under Section 319 Cr.P.C. without being any cogent evidence and that now he is in judicial custody since 05.02.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Monu Sahu @ Laxminarayan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
Order Date :- 23.2.2021 Anand