- (1.) Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. Learned counsel for the applicant submitted that there is no evidence against the applicant except the evidence of last seen and alleged confession made before the police. It was next submitted that there is no direct evidence against the applicant. The learned counsel for the applicant lastly submitted that the applicant has been falsely implicated due to enmity and there is no reasonable ground to believe that the applicant has committed the alleged offences. The learned AGA opposed the bail, but could not point out anything otherwise. In my opinion, prima facie, the aforesaid submissions of the learned counsel for the applicant have substance, therefore, it is just and expedient to exercise the discretion in favour of the applicant.
(2.) Moreso, there does not appear to be any reasonable ground to believe that the applicant will tamper with the witnesses or abscond, if released on bail. Keeping in view the nature of offence and evidence, complicity of the accused, the severity of punishment and submissions of the learned counsel for the applicant and the learned A.G.A., I am of the view that the applicant has made out a case for bail. Let the applicant Jhullur Bhartiya involved in case crime no. 202/2010, under sections 302, 201 I.P.C., P.S. Kaundhiyara, District-Allahabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the CJM concerned and also subject to the following conditions:- (a) the applicant shall attend the court according to the conditions of the bond executed by him; (b) the applicant shall not commit an offfence similar to the offence of which he is accused; (c) 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 dissaude him from disclosing such facts to the Court or to any police officer or tamper with the evidence,
(3.) In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.;