Heard learned counsel for the applicant, learned counsel for the first informant and learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Puneet Kumar Pandey @ Rupak Pandey in Case Crime No. 66 of 2020, under Sections 302 I.P.C., P.S.-Mugrabadshahpur, District Jaunpur.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. Further submission of learned counsel for the applicant is that charge-sheet in the present case has already been filed. Further submission is that applicant was not named in the F.I.R. and the case is totally based on circumstantial evidence. It has also been submitted that dead body of the deceased was found closed to the toilet of the house of the informant. Later on when the accused/applicant was arrested, a forceful confessional statement was recorded and thereafter, a rope was taken from the tent house of the applicant and it was alleged that rope was similar to that of which was found on the neck of the dead body. Further submission is that applicant has no previous criminal history. Further submission is that 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 18.03.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer of bail and submitted that circumstances are such which if connected together will lead to the conclusive evidence of guilt on the part of accused/applicant. Further submission is that CDR, etc. has been traced and it was discovered that accused/applicant and deceased were regularly talking and on the fateful day also they talked six times on mobile.
Having heard the submission of learned counsel for the parties, whatever may be the situation, apparently it is a case based on circumstantial evidence and circumstances are yet to be established during trial, therefore, without commenting on the merits of the case and also considering the fact that accused/applicant is in jail for the last more than 10 months, I find it to be a fit case for bail.
Let applicant Puneet Kumar Pandey @ Rupak Pandey be released on bail in Case Crime No. 66 of 2020, under Sections 302 I.P.C., P.S.-Mugrabadshahpur, District Jaunpur, on 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 she 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 :- 27.1.2021 AKT