Learned AGA has supplied copy of the counter affidavit to counsel for the applicant, which, he will be filing in the registry. Learned counsel for the applicant does not want to file any rejoinder affidavit and he wants to argue the case.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Mulayam Rai in Case Crime No. 0204 of 2018 (S.T. No. 15 of 2019), under Sections 302, 201 I.P.C., P.S.- Sakaldeeha, District Chandauli.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. It is submitted that charge-sheet has already been filed and the trial has commenced. Submission is that although he has been named in the F.I.R. but the informant is not an eye witness; there is only circumstantial evidence of last seen as brother of the informant had seen at the relevant time the accused applicant around the tank in which dead body was thrown; on the basis of F.I.R. accused applicant was arrested and he was forced to make confessional statement and it has been shown by the police that spade recovered on his pointing out by which offence was committed. Submission is that except confessional statement, evidence of last seen and recovery of spade there is no other evidence and the case is totally based on circumstantial evidence and there is no eye witness account to support F.I.R. version. Further submission is that there is no criminal history of the accused applicant 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 25.10.2018 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. However, he has 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 that the case is based on circumstantial evidence and the circumstances are yet to be established during trial and thus without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant be released on bail in aforesaid case crime on his 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 :- 4.2.2021 Dhirendra/