Sri Jaya Nath Patel, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant was not named in the FIR, even he was not named in the statement of the complainant recorded under Section 161 Cr.P.C. and it was after a period of about 45 days, complainant has given an application mentioning therein the names of the accused persons including the applicant; that there is no direct or indirect evidence against the applicant to show any active participation in the alleged crime; that there is a property dispute between the parties, who are the same family members, and on account of this reason, the applicant has been falsely implicated in the present case. It has further been submitted that after the alleged incident the complainant has lodged two first information reports against the applicant. It has further been submitted that the applicant has no concern with the alleged incident. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The co-accused Yash Kumar Yadav having identical role has already been released on bail by another bench of this court vide order dated 6.12.2018 in Criminal Misc. Bail Application No. 46316 of 2018, therefore, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 1.7.2018.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that the name of applicant came into light during investigation. The applicant and other co-accused have committed the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Nari Bhan Singh involved in Case Crime No. 22 of 2018, under section 302, 120B IPC, P.S. Tharwai, District Allahabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.12.2018 Masarrat