Heard Sri Mrityunjay Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Raidas alias Bauna with a prayer to enlarge him on bail in S.T. No. 577 of 2019, Case Crime No. 80 of 2019, under Sections 302, 34 I.P.C., Police Station Tappal, District Aligarh.
Learned counsel for the applicant has submitted that F.I.R was lodged by informant Jeetu in respect of murder of his younger brother Sunil, who was found to have been hanged through the ceiling fan. In the postmortem report the cause of death is found to be throttling.
Learned counsel for the applicant has further submitted that there is no evidence against the applicant and he has no previous criminal history and he has been falsely implicated on the basis of suspicion. Further submission is that co-accused Shivram has been already released on bail by the order of this Court dated 25.11.2019 in Criminal Misc. Bail Application No. 51784 of 2019. Further submission is that there is no eye witness or direct evidence and the whole case is based on suspicion and circumstantial evidence. Charge sheet has been already submitted and there is no question of the accused applicant influencing the investigation.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant. He has, however, conceded that charge sheet has been filed by police.
Considering the submissions of both the sides, on the basis of parity and the material on record and without expressing any opinion on merit of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the 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 :- 19.12.2019 PS