1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No. 49 of 2020, under Sections 302, 201 I.P.C., Police Station - Sirsiya, District - Shrawasti.
3. Submission of learned counsel for the applicant is that the complainant in the first information report has alleged that his father was taken away on motorcycle by two persons on the fateful day and when he has not returned till the next date, the first information report has been lodged. Subsequently, the complainant the Police that dead body of his father has been found hanging from a tree, pursuant to which the Police visited the spot and inquest took place.
4. It is next submitted by learned counsel for the applicant that during investigation, statements of independent witnesses were recorded including that of one Ms. Khatoona who stated that applicant and one of her neighbour who is also co-accused are in love with each other and due to the fact that the deceased objected to the said relationship, both the applicant and the other so-accused Safiya have jointly killed the deceased and subsequently hanged the body from a tree.
5. It is further submitted that investigation is complete and charge sheet has been filed in the Court of competent jurisdiction where trial is pending. It is vehemently submitted by counsel for the applicant that there is no eye witness of the said incident and implication of the applicant is based solely on circumstantial evidence. It is stated that all the witnesses have been examined and they have stated that in all likelihood, looking to the relationship of the accused persons as well as circumstances, it is most probable that the applicant alongwith co-accused Safiya have killed the deceased. It is also submitted that the applicant is in jail since 06.04.2021. It is lastly submitted that the co-accused of the case namely Safiya has been already granted bail by this Court by means of order dated 04.08.2021, passed in Bail No. 8206 of 2021.
6. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the fact that there is no eye witness of the incident and that all the witnesses including the complainant have only expressed apprehension that the applicant alongwith the co-accused had killed the deceased coupled with the fact that co-accused of the case namely Safiya has been already granted bail, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
8. Let applicant Nanke @ Mustafa be released on bail in Case Crime No. 49 of 2020, under Sections 302, 201 I.P.C., Police Station - Sirsiya, District - Shrawasti, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall 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 Cr.P.C. 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. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
10. This order shall not influence the trial Court for proceeding with the trial.
11. The application stands disposed of.
12. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
13. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 A. Verma (Alok Mathur, J.)