Heard Sri Pankaj Kumar Sharma, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 0454 of 2019, under Sections 302 & 201 of I.P.C., P.S. Soron, District Kasganj.
As per F.I.R, which has been lodged by the father of the deceased, it has been stated that his son aged about 33 years, had received a phone call and thereafter he went away on his motor-cycle but did not return till long and thereafter on 17.11.2019, at about 08:00AM, his dead body was recovered by the roadside in a ditch. In post mortem report, the deceased is found to have sustained three injuries including a ligature mark and cause of death is asphyxia due to antemortem strangulation.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; he is totally innocent. He is not named in the F.I.R. His name has come into light after five months in an application given by the informant although in prior statement given by him he had not named him. In the said application, it was stated by him that the deceased was seen in the company of the accused applicant and one other co-accused Manoj Chaudhary, therefore, it is on the basis of conjecture, it is stated by him that the accused might have killed the deceased. No recovery of any incriminating article has been made from him. The accused applicant has no criminal history; he is in jail since 03.06.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that no concrete evidence is available on record against the accused applicant, quantum of the punishment, nature of the offence 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 Ravi Titi 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 :- 21.1.2021 VPS