Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is not named in the first information report. The first information report was lodged against one Sanjay, Sahil and one unknown person but during investigation, the said named persons were exonerated and that involvement of the applicant was shown merely on the basis statement of co-accused persons and that no recovery of any incriminating article has been made from the applicant. It was submitted that even according to the statement of co-accused Rohit @ Chotu and Akash, no specific role was assigned to the applicant in causing death of deceased. Learned counsel submitted that there is no eye-witness of alleged incident and that applicant has been falsely implicated merely on the basis of suspicion and that there is no cogent evidence against the applicant. It was submitted that statement of co-accused cannot be considered as substantive evidence against the applicant. Learned counsel further submitted that the applicant is languishing in jail since 05.05.2021, 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 and argued that during investigation, involvement of applicant was found.
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 Pravesh @ Koli involved in Case Crime No. 180 of 2021, under Section 302, 120-B IPC, P.S. Kandhla, District Shamli, 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 :- 25.8.2021 A. Tripathi