Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.470 of 2019 under Sections 302, 201 I.P.C, Police Station-Pihani, District-Hardoi, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 17.08.2019. It is further submitted on behalf of applicant that the FIR was lodged on 13.08.2019 against the unknown, as the body of deceased was found in the pond out side the village. He has further submitted that the applicant has been implicated, merely on the basis of suspicion that the place where the body of the deceased was found, the most of the villagers came but applicant did not come. Therefore, the presumption was drawn by the informant that about two months ago, the applicant has given a threat to the deceased not to interfere in his family matters. He has further submitted that on 17.08.2019, the applicant was taken into custody and in his confessional statement, he admitted the allegations and submitted that on the date of incident, the deceased came to the house of applicant and he was caught red handed in the room of his daughter. As the daughter of applicant raised alarm, thereafter, he was beaten by the applicant and when he died, his body was thrown in the pond. He has further submitted that no one has seen the incident. The Investigating Officer has not drawn the side plan correctly, only the pond has been shown, where the body of deceased was found but the alleged distance of the place of incident and the pond was not shown. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the name of applicant came into the light when the suspicion was shown by the applicant and thereafter, he was taken into custody and interrogated, then he accepted but has fairly conceded that in his confessional statement, he admitted that he killed the deceased.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Rajendra Badhai- be released on bail in Case Crime No.470 of 2019 under Sections 302, 201 I.P.C, Police Station-Pihani, District-Hardoi, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 28.11.2019 Amit/-