Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant-Ramphere Loniya for grant of bail, in Case Crime No. 19 of 2020, under Sections 147, 302 and 506 I.P.C, Police Station Jarwal Road, District Bahraich, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that the instant case is purely based on circumstantial evidence as, though the applicant and other co-accused persons were named in the F.I.R., but no role of any kind has been assigned to them in the First Information Report and in fact it was in the confessional statement of the co-accused Gulli @ Bulli @ Israr, the name of the applicant has surfaced, wherein the role of only catching and hold has been assigned to the applicant. However, having regard to the bar of Section 25 of the Indian Evidence Act, the said confession could not be used against the applicant.
It is further submitted that apart from the above confessional statement of co-accused, the statement of one Rohit Verma has also been placed as an evidence against the applicant, as he is claimed to have seen the deceased in the company of co-accused Gulli @ Bulli @ Israr and one another person. However, the above witness Rohit had not named the applicant. Therefore, the case of the instant applicant is on better footing than that of the co-accused Gulli @ Bulli @ Israr, who has been enlarged on bail by this court, vide order dated 20.01.2021 passed in Bail No. 5140 of 2020.
It is also submitted that the applicant is in jail in this matter since 07.02.2020 without any criminal antecedents and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant.
Having regard to the overall 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 accused/applicant-Ramphere Loniya 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.
Order Date :- 3.2.2021 Praveen