Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Sohib @ Chhotu with a prayer to enlarge him on bail in Case Crime No. 182 of 2020, under Sections 147, 323, 504, 506, 458, 302 I.P.C., Police Station Barkhera, District Pilibhit.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that the co-accused Danish was assigned identical role, has already been granted bail by the coordinate Bench of this Court, vide order dated 14.12.2020 passed in Criminal Misc. Bail Application No.44721 of 2020. It has been submitted that from the perusal of the FIR it is clear that some maarpeet took place by the accused persons and in the same night, he was killed and only evidence which is available on record is that the applicant was coming out from the house of the deceased. This aspect has been considered by the learned coordinate Bench and finding that there is no eye witness of the alleged incident and only evidence is that the applicant was coming out from the house of the deceased. Therefore, submission of the leaned counsel for the applicant is that on the basis of parity also, the applicant deserves to be released on bail. It is further submitted that accused applicant has no criminal history and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 04.07.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet against the accused.
Upon hearing the submissions made by learned counsel of both sides, considering the contention made above, and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.1.2021 Mini