Heard the learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This second bail application has been moved by the applicant- Rajkishore @ Bhaiya for grant of bail, in Case Crime No. 205 of 2018, under Section 304 I.P.C., P.S.Khairabad, District Sitapur, during trial.
This is the second bail application moved on behalf of the applicant Rajkishore @ Bhaiya as his first bail application has been rejected by a co-ordinate Bench of this Court vide order dated 16.4.2019, passed by Bail No.5770 of 2018.
Learned counsel for the applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and in the F.I.R. similar role of assault with lathi, danda and iron rod has been assigned to the instant applicant and co-accused Sobran. Similarly in the statement of sole eye-witness Ram Kishore, general allegations of assault by 'iron road' and 'lathi' has been assigned to applicant and Sobran and recovery of a blood stained 'lathi' is alleged to have been made at the pointing of Sobran.
It has been further submitted that material change in circumstances, has occurred since the rejection of the first bail application of the applicant, with regard to the fact that co-accused of the crime, namely, Sobran standing on the same footing as of the applicant, has been released on bail by a coordinate Bench of this Court vide order dated 11.5.2020, passed in Bail No. 7587 of 2019 and on the ground of parity the applicant may also be released on bail.
It is further submitted that the applicant is in jail in this case since 30.05.2018 and charge sheet in the matter has already been submitted. There is no apprehension that after being released on bail he will flee from the course of law or may otherwise misuse the liberty as the applicant is also not having any criminal antecedents.
Learned A.G.A. on the basis of instructions received, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, but could not controvert the factual submissions made by the learned counsel for the applicant with regard to the similarity of role assigned to applicant and co-accused Sobran.
Having perused the record it is evident that in the F.I.R. as well as in the statement of sole eye-witness, namely, Ram Kishore similar role of assault with 'lathi' and 'iron rod' has been assigned to the instant applicant and co-accused Sobran. In addition to the statement of eye-witness Ram Kishore, a blood stained 'lathi' is also stated to have been recovered from the pointing of Sobran. Co-accused Sobran has been released on bail by a coordinate Bench of this Court and in the considered opinion of this Court the circumstances of releasing the co-accused Sobran, who is standing on the same footing as of the applicant, is a material change in circumstances since the rejection of the first bail application moved on behalf of the applicant.
Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant - Rajkishore @ Bhaiya involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above 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.
Observations made herein above are only for the purpose of disposal of bail application and shall not have any bearing on the final outcome of the trial.
Order Date :- 4.2.2021 Irfan