Heard learned counsel for the applicants, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicants are innocent and they have been falsely implicated in the present case. In first information report, 13 persons have been named as accused and that only general allegations have been made against all the accused persons and that as per postmortem report, only three injuries have been shown to the deceased but there is no specific evidence that which of the accused is author of fatal injury sustained by the deceased at his head. It has been further submitted that similarly placed co-accused Loknath @ Pandit, Rohit Saroj, Banarasi Lal and Vinod Kumar Tiwari have already been granted bail by co-ordinate Bench of this Court vide order dated 24.11.2020 and 20.11.2020. It has been further submitted that the applicants are languishing in jail since 05.11.2020, having no criminal history and that in case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Shiv Kumar @ Dabbu and Lolaraknath involved in Case Crime No. 142 of 2020, under Sections 147, 148, 149, 323, 504, 506, 304 and 308 of IPC, P.S. Machhalishahar, District Jaunpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants shall not tamper with the evidence during the trial.
2.The applicants shall not pressurize/ intimidate the prosecution witness.
3.The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 11.1.2021/A. Tripathi