By means of this application, the applicant, who is involved in Case Crime No.69 of 2020, under Sections 302, 201 of I.P.C., Police Station Ghunghter, District Barabanki is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that accused-applicant has falsely been implicated in the present case due to enmity. Accused-applicant is not named in first information report and his name surfaced during the course of investigation. The corpse of the deceased was found in the sugarcane field, which was identified by the complainant on the basis of tatoo in her hand written as 'Raju Ki Bahin'. As per post mortem report, cause of death of the deceased was coma as a result of ante mortem injuries. Nobody has seen the alleged commission of crime. It is further submitted that there is only last seen evidence of witness Shri Ram Kishun Lodhi (Village Pradhan), who in his statement under section 161 Cr.P.C. stated that he had seen the accused-applicant and co-accused, Wassiq Baig taking the deceased on motor cycle and thereafter she did not return home. There is no other incriminating evidence to connect the alleged commission of crime, against the accused-applicant available on record. No incriminating article or weapon has been recovered from the possession of the accused-applicant or on his pointing out.
The accused-applicant is languishing in jail since 28.6.2020 having no criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
It is further submitted that the co-accused, Wassiq Baig has preferred Bail No.10941 of 2020, Wassiq Baig Versus State of U.P. and this court vide its order dated 18.02.2021 has granted bail.
It is further submitted that the case of the applicant stands at the same footing as to that of the case of co-accused person to whom bail has been granted by this court, hence, the applicant is entitled for parity of bail.
On contra, learned A.G.A. has opposed the prayer for grant of bail but unable to dispute the fact regarding grant of bail to the co-accused person and the submissions raised by the learned counsel for the applicant.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case and also on the ground of parity, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant, Zeeshan @ Mithun, involved in Case Crime No.69 of 2020, under Sections 302, 201 of I.P.C., Police Station Ghunghter, District Barabanki, be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) 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 clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 12.8.2021 Saurabh