Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Tulsidas @ Kanchi, who is involved in case crime no. 72 of 2020 under Section 302 I.P.C., Police Station- Sikandra, District- Agra.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that a report was submitted by the brother of the deceased on 9.2.2020 in the police station to the effect that his brother Bablu @ Dharmaveer was missing from 1.02.2020 and his dead body was found in tunnel situated at UPSIDC road; that prior to the report dated 9.2.2020 there is no any missing report of the deceased and in pursuance of the G.D. entry dated 9.2.2020 the police reached the spot and Panchayatnama was conducted on 9.2.2020 thereafter post mortem examination was conducted on 10.02.2020; that from perusal of post mortem report it reflects that the time of death has been mentioned as 1-2 days prior to the post mortem which belies the prosecution story; that the allegation against the applicant is that he went with the deceased on 01.10.2020 and he was seen by the brother-in-law of the informant namely Vijay; that the applicant was arrested with Maruti Van and he is allegedly confessed the guilt; that on the same day co-accused Mithon has been arrested who also confessed the guilt and on his pointing out knife has been recovered; that witness of the Panchayatnama and post mortem namely Bablu Singh, Durgesh, Sani and Hetram, who are the son of maternal uncle of the deceased has stated that co-accused Mithun want to marry with Anjali, daughter of the deceased and for the same he enticed away Anjali but the deceased married her with another person in Firozabad, submission to this effect is that the applicant has no concern with the deceased and his case is distinguishable from co-accused Mithon. It is lastly contended that the accused applicant is languishing in jail since 11.02.2020 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 11.1.2021 Fhd.