Heard learned counsel for the applicants, learned counsel for the informant as well as learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicants- Yogesh Pratap Urf Polu and Narendra, in Case Crime No. 339 of 2019, under Sections 201, 302 & 498A I.P.C., P.S.- Achhanera, District - Agra.
Learned counsel for the applicants has submitted that applicants are innocent and have falsely been implicated in the present case. Further submission of the learned counsel is that the applicants are in jail from the last about six months and after investigation charge sheet has already been filed. Further submission is that the father-in-law and mother-in-law of the deceased have already been granted bail by a coordinate Bench of this Court vide order dated 01.12.2020 passed in Criminal Misc. Bail Application No. 10894 of 2020 and Criminal Misc. Bail Application No. 23081 of 2020 and the bail orders are annexed with the supplementary affidavit. It has also been submitted that the applicants do not belong to the family of the husband and they belongs to a different village and they have been alleged to be the friends of the family of the husband. Further submission is that the marriage of the deceased has taken place before 10 years from the date of incident. Further submission is that the name of the accused-applicants for the first time came in light in the statement of co-accused- Vishal in which he stated that the applicants caught hold the leg of the deceased at the time of incident and facilitated in the murder of the deceased. Learned counsel for the applicants has further submitted that except the confessional statement of the co-accused, there is no evidence available against the applicant. The case is totally based on circumstantial evidence and suspicion. In respect of alleged criminal history, learned counsel for the applicants has submitted that in all the three cases the accused-applicants have been released on bail. It is further submitted that applicants are prepared to furnish sureties and bonds, therefore, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence. Applicant no. 1 is languishing in jail since 05.08.2020 and applicant no. 2 is languishing in jail since 21.08.2020 and undertakes that they 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, but they have not been able to dispute the aforesaid facts.
Having heard the submission of learned counsel of both sides, considering the facts that the accused-applicants have been implicated in this case on the basis of confessional statement given by the husband of the deceased, the case is totally based on circumstantial evidence and the circumstances are yet to be established during the trial and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicants- Yogesh Pratap Urf Polu and Narendra, be released on bail in Case Crime No. 339 of 2019, under Sections 201, 302 & 498A I.P.C., P.S.- Achhanera, District - Agra, 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 applicants 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 applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants 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 :- 19.2.2021 SK Srivastava