Heard Shri Sarvesh Kumar Dubey, learned counsel for the applicants, learned AGA for the State and perused the record.
This application u/s 439 Cr.P.C. has been moved on behalf of the applicants with a prayer to enlarged them on bail in Case Crime No.149 of 2020, under Sections 302, 201 IPC, Police Station- Obra, District- Sonbhadra.
As per the FIR version, occurrence is of 24.10.2020 at about 16:40 hours and FIR has been lodged against unknown person on 27.10.2020 alleging therein that deceased was mother of the informant. The informant and his other three brothers were living separately from his father and mother. On 22.10.2020, his mother had gone to house of his son-in-law for attending a function and on way to her return on 24.10.2020 she was murdered by someone and her dead body was found lying in jungle near Thakur turning in village Kanhara. The name of the applicants surfaced in investigation.
Learned counsel for the applicant contended that there is no direct evidence against the applicants and they have been falsely implicated in this case only due to suspicion. In circumstantial evidence there is only alleged motive and recovery of blood stained stone, bag and lota from open place and alleged recovery is false and planted and there is no public witness of the said recovery. Alleged motive of an incident occurred 2 or 3 years back is only a suspicion and based on statements of fully interested witnesses. Applicants have no criminal history and they are languishing in jail since 31.10.2020. In case, the applicants are released on bail they will not misuse the liberty of bail.
Learned AGA opposed the prayer of bail but could not dispute the fact that submitted by learned counsel for the applicants.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicants- Ramdas Jaiswal and Paras Lal Jaiswal be released on bail in Case Crime No.149 of 2020, under Sections 302, 201 IPC, Police Station- Obra, District- Sonbhadra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/court concerned, subject to following conditions:-
(i) The applicants will not tamper with prosecution evidence.
(ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) 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.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 22.1.2021 Ashutosh Pandey