Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by the learned counsel for the applicant that applicant has been falsely implicated in this case. There is no eye-witness of alleged incident and that even the identity of recovered dead body has not been established. It was submitted by learned counsel that alleged incident is shown of 05.01.2020 but first information report has been lodged after about seven and a half months on 21.08.2020 and no explanation for delay in lodging the first information report has been shown. It was submitted that the alleged last seen evidence against the applicant is false and fabricated and that no recovery has been effected from applicant. It was further submitted that similarly placed co-accused Chandraprakash @ Gupta, Yogesh, Mukesh @ Shakatu and Rinku @ Girish have already been granted bail by co-ordinate Bench of this Court vide order dated 16.12.2020, 16.12.2020, 15.12.2020 and 16.12.2020, passed in Criminal Misc. Bail Application No. 43909 of 2020, 43904 of 2020, 43363 of 2020 and 43897 of 2020. It was stated that co-accused Yogesh, who was named in the first information report and recovery of some article of deceased was also shown from him and that he has already been granted bail. It has been further submitted that the applicant is languishing in jail since 25.11.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Pappu Kana @ Pawan involved in Case Crime No. 383 of 2020, under Sections 364, 302, 201, 120-B of IPC, P.S. Iglas, District Aligarh be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
The concerned Court/Authority/Official shall verify the authenticity of such 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 :- 21.1.2021 A. Tripathi