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 Pyare Lal @ Prem Kumar in Case Crime No. 561 of 2018, under Sections 302, 201 I.P.C., P.S.- Phoolpur, District - Varanasi.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission of the learned counsel is that after police investigation charge-sheet was filed and the trial court framed charges and during trial the informant and the daughter of the deceased turned hostile, they are the star witnesses, who have not supported the prosecution version and other witnesses are in respect of circumstances. Further submission is that the accused applicant and the deceased got married 18 years before and the F.I.R. was also lodged at belated stage after cremation of the dead body, therefore, the dead body was never put to post-mortem. It is further submitted that applicant has no criminal history 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 15.12.2018 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. He has however 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 the statement of the star witnesses examined during trial and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Pyare Lal @ Prem Kumar be released on bail in Case Crime No. 561 of 2018, under Sections 302, 201 I.P.C., P.S.- Phoolpur, District - Varanasi, 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 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 :- 18.1.2021 Bhanu