(Application No.70255 of 2021) The application seeks condonation of delay in filing the appeal.
Heard learned counsel for the applicant and learned A.G.A. for the State.
On due consideration of the argument advanced by learned counsel for the parties and perusal of the affidavit filed in support of the application for condonation of delay, the application is allowed.
Delay is condoned.
Order On Appeal Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant.
The appellant is languishing in jail since 11.7.2020 having no criminal history.
Learned counsel for the applicant submits that the applicant is not named in the First Information Report. There is no eye witness to the incident. Nothing incriminating has been recovered from the present appellant. There is no circumstantial evidence. The occurrence is of 27.6.2020. After 13 days of the incident the Investigating Officer has introduced one Bhajanlal Gupta who have alleged last scene evidence.
Learned counsel for the appellant submits that even perusal of the statement of Bhajanlal Gupat depicts that it is not the last scene evidence. There is virtually no material against the present applicant.
It is submitted that there is no possibility of the appellant of fleeing away after being released on bail or tampering with the witnesses. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail and they have submitted that the appellant had motive to kill the deceased. To this, leaned counsel for the appellant submits that applicant has no motive to kill the deceased.
Considering the facts that the applicant is languishing in jail since 11.7.2020; the applicant has no criminal history; charge-sheet in the matter has been filed, and without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside.
Accordingly, the appeal is allowed and the order dated 13.10.2020 and order dated 23.2.2021 passed by Special Judge/Additional Session Judge (SC/ST Act) Bahraich in Bail Application No.1131/12A/2020, Case Crime No.160 of 2020 under Section 302 I.P.C., Police Station Risiya, District Bahraich, is set aside.
Let the appellant/applicant (Premchandra Rajbhar) involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
The pending application, if any too stands disposed of.
Order Date :- 19.8.2021 Madhu