- (1.) C. P. Mishra, J. Heard learned Counsel for the applicant and learned A. G. A.
(2.) THE accused applicant Babloo alias Panchanan Mishra is said to have committed an offence under Sections 302, 504 and 506 I. P. C. , vide case crime No. 64/2004, P. S. Bisanda, District Banda. It is submitted that the incident had taken place in the night hours, for which the report was lodged at 8. 35 p. m. vide Annexure-2 in this regard, however, distance of 25 Kms. is there from the police station and it was very difficult to have lodged the report so promptly and with podium witnesses of henious jeopardy the F. I. R. is ante-time and manipulated. It is also submitted that the facts in the F. I. R. regarding number of fires made and the post-mortem report do not tally with each other and moreso an affidavit has also been filed by the material witness Nathu vide Annexure-4 denying any such function in the house of Nathu on that date for such occurrence night have taken place for involving the applicant accused. The deceased is said to have a long previous criminal history and he was history sheeter as per facts mentioned in para 16 of the affidavit Annexures-6, 6k, 6kh in the regard as mentioned in the FIR a material fact about occurrence is also shown to be otherwise as an affidavit prima facie filed by witness Naththu vide Annexure-4 has been filed for the same. The case is based on circumstantial evidence. Considering the aforesaid facts and circumstances of the case and without entering into the merit of the case, the applicant's case is fit for bail.
(3.) LET the accused appleicant named above be released on bail in the above noted case crime, subject to his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned. Besides that, the applicant shall also give an undertaking that he will not tamper with the evidence or threaten the witnesses on his release on bail that he shall cooperate with the expeditious trial of the case by the trial Court who shall decide the case expeditiously by keeping in view the provisions of Section 309 Cr. P. C. in this regard. It will be open to the trial Court to cancel his bail in case there is any lapse so made by the applicant in this regard. Bail granted. .;