Heard learned Counsel for the applicants, learned A.G.A. and perused the record.
The prayer for these two bail applications are being heard together and the bail applications are disposed of by a common order.
Learned counsel for the applicants submits that the applicants are not named in the F.I.R. The F.I.R. of the alleged incident was lodged against unknown thieves. During investigation the statement of witness Sunil Yadav was recorded by the Investigating Officer in which it has come that there was illicit relation in between deceased and mother of applicant Shiv Lal Paasi. The co-accused Kalloo Yadav has stated that Shiv Lal Paasi was giving Rs.15,000/- to him to commit the murder of the deceased. There is no other cogent evidence against the applicants. There is no direct evidence against the applicants and there is no evidence with regard to the illicit relation in between the mother of applicant Shiv Lal Paasi and deceased. No incriminating article has been recovered from the possession of applicants or on their pointing out. The applicants have falsely been implicated in the present case only on the basis of suspicion. There is no criminal history of the applicants and applicant Shiv Lal Paasi is in jail since 03.10.2015 and applicant Kalloo Yadav is in jail since 19.09.2015.
Per contra, learned A.G.A. opposed the prayer for 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 applicants Shiv Lal Paasi and Kalloo Yadav involved in Case Crime No.305 of 2015, Under Sections 460 I.P.C., Police Station Jamo, District Amethi, be released on bail on their 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 applicants will not tamper with the evidence.
2. The applicants will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicants 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 applicants.
Order Date :- 21.1.2016 Jitendra