Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Rajesh Alias Mula, who is involved in case crime no. 155 of 2020 under Section 302, 307, 323, 325, 504, 506 I.P.C., Police Station- Kotwali Sadabad, District- Hathras.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that the specific allegation of causing injury to the deceased with the fire arm has been attributed to co-accused Bablu and there is no allegation either to cause injury or to kill the deceased Sharad has been assigned to the present applicant; that only single injury was found on the body of the deceased that was specifically assigned to co-accused Bablu; that no weapon was assigned to the applicant even though no allegation to cause injury either to the injured or to the deceased was made against the applicant but general allegation to cause maar peet with them was made to the applicant; that the injured witness Harikesh has also assigned role of causing injury to the deceased with the fire arm to co-accused Bablu and not to the present applicant and the case of the applicant is distinguishable to the co-accused Bablu; that the injury of injured was not corroborating with the prosecution case; It is lastly contended that the accused applicant is languishing in jail since 28.04.2020 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 17.2.2021 Fhd.