Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. Initially the F.I.R. was lodged against other three persons but Investigating Officer submitted closer report against them and on the basis of confessional statement he has falsely been implicated in the present case. It has further been submitted that there was no illicit relation in between the wife of applicant and deceased. There is no direct evidence against the applicant. False recovery of motorcycle of the deceased has been shown from the possession of the applicant after 75 days of the alleged incident. The prosecution story is not believable. The co-accused Sanjeev @ Raju Awasthi having identical role has already been granted bail by another Bench of this Court vide order dated 09.02.2016, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 01.08.2015.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been released on bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Sandeep Awasthi @ Bablu involved in Case Crime No.601 of 2015, Under Sections 302,201, 404, 419, 420 I.P.C., Police Station Kotwali, District Lakhimpur Kheri, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 10.3.2016 Jitendra