Heard learned counsel for the applicants, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicants that applicants are innocent and they have been falsely implicated in the present case. It was submitted that in the first information report as well as in the statement under Section 161 Cr.P.C. of alleged eye-witnesses, only general allegations have been made against the applicants and co-accused Tinku Nut, Prakash Nut and Raju Nut. It has been also submitted that in the same incident, from the side of accused persons, co-accused Prakash Nat and Tinku Nat have sustained injuries and that a non cognizable report was lodged against the complainant party. It has been further submitted that similarly placed co-accused Raju Nat, Tinku Nat and Prakash Nat have already been granted bail by co-ordinate Bench of this Court vide order dated 07.12.2020 and 10.12.2020, passed in Criminal Misc. Bail Application No. 41938 of 2020 and 31522 of 2020. Learned counsel further submitted that applicants are languishing in jail since 05.09.2020, having no criminal history and that in case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Rajkumar Nut and Pintoo Nut involved in Case Crime No. 123 of 2020, under Sections 147, 323, 504, 506, 304 and 34 IPC, P.S. Madiyahoon, District Jaunpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants shall not tamper with the evidence during the trial.
2.The applicants shall not pressurize/ intimidate the prosecution witness.
3.The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court concerned.
Order Date :- 9.2.2021 A. Tripathi