Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that F.I.R. of the alleged incident has been lodged with the delay of three days and there is no satisfactory explanation of the delay. It has further been submitted that in the statements of witnesses Anil Singh and Uday Bhan Singh, it has come that the deceased was unable to speak. The deceased has not disclosed the name of applicant and other co-accused for administering poison to him. It has further been submitted that there is no direct evidence against the applicant. No poison has been administered to the deceased at the house of applicant. There is general allegation against the applicant. No specific role has been assigned to the applicant. The co-accused Neeraj Verma, Nirmala Devi, Ram Pratap Verma and Ramendra Pratap Verma having identical role have already been granted bail by this Bench and by another Bench of this Court vide orders dated 12.01.2016, 20.01.2016, 13.07.2015 and 10.09.2015 respectively, 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 20.03.2015.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused having identical role have 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 Shivendra Pratap Verma involved in Case Crime No.239 of 2014, Under Sections 143, 328, 304, 120-B I.P.C., Police Station Salon, District Raebareli, 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 :- 2.3.2016 Jitendra