Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Upendra [email protected] Upendra Pandit in Case Crime No. 91 of 2020, under Sections 147, 148, 149, 302, 120-B, 352 I.P.C., P.S.- Pisava, District Aligarh.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in the present case. Further submission of the learned counsel is that applicant is not named in the F.I.R., his name has come in the statement of co-accused person. Further submission of the learned counsel for the applicant is that the F.I.R. was lodged by wife of the deceased in which it was alleged that co-accused Manveer Singh having inimical relationship, conspired and hired two persons to kill the deceased and consequently, the deceased was killed by those two hired persons. Learned counsel further submitted that F.I.R. has been lodged against four named accused persons and two unnamed accused persons. Out of six accused, two named accused namely Gajendra and Aakash were exonerated by the police during investigation. He further submitted that ten more accused persons including the present accused applicant were also introduced during investigation, against them also charge-sheet has been filed. Further submission of the learned counsel is that a false recovery of country made pistol has been made from the accused applicant. It has been further submitted that there is no eye witness account, which can show involvement of the accused applicant in the commission of offence. Further submission of the learned counsel for the applicant is that named co-accused Manveer Singh and other co-accused persons namely Shiv Singh, Naurang, Bobby @ Jainendra Kumar whose name have come in light during investigation in the statement of named co-accused person, have already been granted bail by the coordinate Benches of this Court vide orders dated 11.01.2021, 21.10.2020, 15.10.2020 and 11.11.2020 respectively. Further submission of the learned counsel for the applicant is that there is no criminal history of the accused applicant and 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 06.08.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer of bail. They have however, not disputed the aforesaid facts and have submitted that charge-sheet has been filed by the police after concluding investigation.
Having heard the submission of learned counsel of both sides, considering the fact that the name of accused applicant has come in light in the statement of co-accused, there appears to be no substantive evidence against the accused applicant. Moreover, this fact cannot be disputed that total case is based on circumstantial evidence and circumstances which could lead to a definite conclusion recording guilt of the accused applicant is yet to be established during trial and the accused applicant is already in jail from last about five months and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Upendra [email protected] Upendra Pandit be released on bail in aforesaid case crime on his 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 :- 27.1.2021 Bhanu