1. Heard learned counsel for the applicant and the learned A.G.A. for the State.
2. The applicant is an accused in case crime No.403 of 2019, under Sections- 302, 201, 34, 394, 411, 120-B of IPC, police station Lalganj, District Pratapgarh.
3. Learned counsel for applicant has submitted that according to the first information report lodged by father of the deceased it has been stated that the deceased on the date of the incident was watching a cricket match on his mobile phone along with his friend when he received a phone call and immediately rushed on motorcycle. Subsequently he never came back and subsequently in the morning the complainant received information that body of his son was lying in the fields and that he has been killed by a sharp edged weapon. Consequently, the first information report was lodged. During investigation, it has come that mobile phone of the deceased was recovered from his friend Ajay, who was watching the match along with him. He has narrated the story that in fact the deceased was in relationship with another lady, who subsequently had got married. Even after her marriage the relationship between the deceased and the said lady continued. The present applicant is brother of that lady and it is stated that he was objecting to the said relationship and hence the deceased has been killed by the applicant and his brother.
4. Learned counsel for the applicant in support of bail application submits that firstly the F.I.R. was lodged with a delay and there is no explanation for the same and secondly that no recovery has been made from the applicant nor is there any material to implicate him to the said incident leading to death of the deceased. It is further stated that co accused Smt. Kanti has already been granted bail by the trial court in Bail Application No.1453 of 2019 vide order dated 16.8.2020 and the present applicant seeks parity of the said order. Lastly, it has been submitted that the applicant is languishing in jail since 25.5.2019 thereby he has spent nearly two years in jail.
5. Learned AGA, on the other hand, has opposed the prayer for bail but he could not dispute the facts as argued by the counsel for the applicant.
6. I have heard learned counsel for the parties and perused the record.
7. Considering the fact that from the material available on record it is clear that it is only in the statement of the co-accused who has narrated the story implicating the applicant, his brother and sister in the said crime. During the investigation no recovery has been made the applicant nor from any other co-accused which can link him to the said crime. Apart from the statement of co-accused there is no other material available to implicate the applicant the applicant is entitled to be released on bail in this case.
8. Let the applicant, Nagendra @ Nagesh Verma, involved in case crime No.403 of 2019, under Sections- 302, 201, 34, 394, 411, 120-B of IPC, police station Lalganj, District Pratapgarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he would not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr. P. C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
9. It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 25.8.2021 (Alok Mathur, J.) RKM.