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 Nanhe @ Kunwar Pal in Case Crime No. 179 of 2020, under Section 302 I.P.C., P.S.- Ujhani, District Budaun.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. It is submitted that F.I.R. was lodged by the accused applicant himself and the deceased was his real elder brother. It is submitted that the accused persons named in the F.I.R. were exonerated during investigation and no charge-sheet has been filed against them. It is submitted that on the statement of named accused persons, name of the accused applicant came in light and he was made an accused; his confessional statement was recorded and on his pointing it is said that country made pistol was recovered, which is alleged to have been used in the commission of offence. Further submission is that there is no criminal history of the accused applicant and charge-sheet has already been filed against the accused applicant 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 17.7.2020 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 and submitted that after investigation charge-sheet has been filed against the accused applicant. However, he has conceded the facts as contended from the side of the accused applicant that his name came in light on the statement of named accused persons and evidence available against him is of confessional statement and recovery of country made pistol.
Having heard the submission of learned counsel of both sides, considering the fact that case is based on circumstantial evidence and the circumstances are yet to be established during trial, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Nanhe @ Kunwar Pal 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 :- 27.1.2021 Dhirendra/