Heard Shri V.P. Srivastava, learned Senior Counsel assisted by Shri Mohit Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Sudhir Alias Leelu in Case Crime No. 401 of 2020, under Sections 302, 120-B I.P.C., P.S.- Baraut, District - Baghpat.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. Further submission of the learned counsel for the applicant is that the F.I.R. was lodged against unknown persons the deceased was shot dead by three young boys, who was allegedly married with four women. Submission of the learned counsel is that on the basis of information received from police informer the accused applicant was implicated in this case and was arrested and a story was developed that first wife of the deceased Smt. Rajni conspired with the accused applicant and got the deceased murdered in a planned way by hiring some person. Further submission is that after third August Omveer stated to the Investigating Officer that he heard at Bus stand that the Rajni and accused applicant were planning to kill the deceased. The submission of the learned counsel is that this Omveer was witness of inquest he could have disclosed this fact to the police but after lapse of enough time he came with this story, which cannot be believed. Further submission is that there is no witness except that Rs. 2 Lakhs were recovered from the accused applicant and it was projected that the same was part of that money which was being provided to the hired person who shot dead to the deceased. Further submission is that conspirator Rajni has already been granted bail by the coordinate Bench of this Court and the case of the accused applicant is on identical footing. In respect of criminal cases the learned counsel for the applicant has submitted that F.I.R. was lodged by deceased but till now no charge-sheet has been submitted in the case. It is further submitted that charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 25.06.2020 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 of bail. He has however not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the fact that the case is totally based on circumstantial evidence and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Sudhir Alias Leelu be released on bail in Case Crime No. 401 of 2020, under Sections 302, 120-B I.P.C., P.S.- Baraut, District - Baghpat, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 he 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 :- 7.1.2021 Bhanu