Heard Sri Vijay Bahadur Shivhare, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 103 of 2020 under Sections 147, 302, 120B and 34 I.P.C., P.S. Kurara, District Hamirpur.
In F.I.R., applicant has not been named. Deceased is found to have sustained three injuries which were the cause of his death.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; applicant has been arrested on the information given by informer that in the death of the deceased, he might have been involved; pursuant to that, when applicant was arrested, his confessional statement was recorded, copy of which are annexed at page nos. 28-31 of the paper book. Pursuant to the said confessional statement, one axe was also recovered at his pointing out from open place i.e. by the side of road of which there is no independent witness and the same has been planted against him. He has no criminal history. He is in jail since 25.05.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but could show nothing other than what is mentioned.
Looking to the quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Rambali @ Baliya 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 by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 17.2.2021 A. Mandhani