Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According to the prosecution version, the deceased/son of first informant was working at Hardoi and on 19.04.2021 when informant made a telephonic call to his son, his phone was found switched off and later on the friend of deceased has told the informant that his son (deceased) has gone to Varanasi. Later on the dead body of deceased was found in the area of police station Pipari Sonbhadra. On perusal of record, further, case of prosecution, which emerges is that earlier the deceased was working at Central Workshop, Jayant Singrauli (M.P) and there he came into contact of wife of applicant but later on the deceased has got a job in Tube-well Department at Hardoi but he continued to make telephonic calls to the wife of applicant. It is also the case of prosecution that the deceased has given a mobile sim of no. 8989520811 to the wife of deceased through his friend Abhishek Kumar. On the basis of CDR of mobile phone of deceased, on 19.04.2021 at 20:57:21 hours his location was at Gadha Barrier, Renukoot and that the location of mobile number 8989520811 from 27.03.2021 to 19.04.2021 is shown of Singrauli (MP) or in some other districts of MP and that last call to deceased was made from this number from location of Singrauli (MP). It was also alleged that deceased was having some infatuation towards wife of applicant.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The applicant is not named in the first information report and that he has been falsely implicated in this case during investigation while there is no cogent evidence against him. It was submitted that the prosecution version that the deceased was having some affair with wife of applicant, is false and baseless and there is no evidence to support the same. Learned counsel has pointed out the statement of wife of applicant, wherein she has merely stated that sometime deceased used to talk with her on telephone. Learned counsel submitted that the involvement of applicant has been shown on the basis of call details of deceased with Mobile No. 8989520811 but the applicant has no concern with the said mobile number. Learned counsel submitted that the first information report has been lodged after 23 days of the incident and no explanation for delay in first information report has been shown. It was submitted that there is no evidence against the applicant to connect him with the murder of deceased and that no recovery of any incriminating article has been effected from possession of applicant. Learned counsel further submitted that the applicant is languishing in jail since 12.05.2021, 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, however, it could not be disputed that there is no eye-witness of alleged incident and that there is no such circumstance like that of 'last seen' and that no recovery has been effected from possession of applicant.
Perusal of record shows that there is no eye-witness of alleged incident and there is no such circumstantial evidence like that of 'last seen' against the applicant. No recovery of any incriminating article has been shown from possession of applicant. The involvement of applicant has been shown on the premise that deceased was having some relationship with wife of applicant and that he has given a telephone no. 8989520811 to her and last call to deceased was made from that number.
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 Prabhar Dwivedi involved in Case Crime No. 0058 of 2021, under Section 302 of IPC, P.S. Pipari, District Sonbhadra, 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 19.8.2021 A. Tripathi