None is present on behalf of learned counsel for the first informant.
Heard Shri Arvind Prabodh Dubey, 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 Upendra Vishwakarma in Case Crime No. 916 of 2019, under Section 302 I.P.C., PS. Kotwali, District Deoria.
The submission of the learned counsel for the applicant is that the accused applicant is in jail since 26.11.2019. The accused applicant was named alongwith other two accused persons only on the basis of suspicion, and there was no direct evidence of the occurrence. Named accused Sunaina Devi has been exonerated by the I.O. during the course of investigation. Further submission is that there is no direct evidence of the occurrence and what ever evidence has been collected by the I.O. is in response of subsequent conduct and prior conduct of the accused persons. It is further submitted that case of the applicant is identical to the co-accused Kamlesh Yadav who has been granted bail by this Court and on parity applicant also deserves to be released on bail except the recovery of axe which has been recovered on the pointing out of the applicant. 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 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 fact. He has submitted that charge-sheet has been submitted by the police after concluding the investigation.
Upon hearing the submissions made by learned counsel of both sides, considering the facts and circumstances of the case, and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Upendra Vishwakarma be released on bail in Case Crime No. 916 of 2019, under Section 302 I.P.C., PS. Kotwali, District Deoria, 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 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 :- 27.1.2021 AKT