Supplementary affidavit filed today by learned counsel for applicant, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. There is no eye witness of the alleged incident and that no witness has stated about presence of applicant at the spot. The complainant of the case is also not eye witness of the alleged incident. It was also pointed out that alleged incident was shown in the courtyard of co-accused Mangal Patel and that there is no specific allegation against applicant. It has been further submitted that similarly placed co-accused Beta Lal Patel has already been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No.38427 of 2020. It was further submitted that applicant is languishing in jail since 14.08.2020 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of evidence, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Virendra Patel @ Arvind involved in Case Crime No.34 of 2020, under Section 304 of IPC, Police Station Kalinjar, District Banda, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.1.2021 Mohit