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 Parshuram Mishra Alias Ranu in Case Crime No. 188 of 2019, under Sections 302, 201 I.P.C., P.S.- Sisolar, District Hamirpur.
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 applicant himself and subsequently without any evidence police implicated him and assigned role of committing murder of his wife; there is no eye witness who seen him committing murder of the deceased and the case is totally based on circumstantial evidence; the deceased was his wife and subsequently when he was arrested, confessional statement was forcefully obtained from him and recovery of knife was made from him, which is alleged to have been used in the commission of offence; witnesses, who have been examined by the I.O., have only stated that there was a quarrel took place between the husband and wife; there is no concrete evidence against the accused applicant. Further submission is that there is no criminal history of the accused applicant and charge-sheet has already been filed 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 22.11.2019 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. However, he has not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering that apparently case is based on circumstantial evidence, which is yet to be established during trial thus, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Parshuram Mishra Alias Ranu 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 :- 2.2.2021 Dhirendra/