- (1.) COUNTER affidavit filed today be kept on record. Heard learned counsel for the applicant and the learned Additional Government Advocate. The applicant, Tarjan Singh is involved in Case Crime No. 440 of 2008, under Sections 354 and 302 I.P.C., Police Station Lalganj, District Pratapgarh. It has been submitted by the learned counsel for the applicant that the applicant is not named in the F.I.R. and his name for the first time appeared in the statements of the witnesses recorded under Section 161 Cr.P.C. and even in the said statements the only allegation against the applicant is that he was seen running from the place of incident. No overt act has been assigned to the applicant. Learned counsel for the applicant also submitted that the complainant is not the eye witness of the incident. The applicant is in jail since 01.12.2008. The bail is, however, vehemently opposed by the learned Additional Government Advocate. The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima-facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances, without entering into the merits of the case and particularly having regard to the fact that the applicant was not named in the F.I.R., I find it to be a fit case for granting bail. Let the applicant, Tarjan Singh be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two local and reliable sureties in the like amount to the satisfaction of the Magistrate concerned. It is further provided that if the applicant does not co-operate with the trial or absents himself without any sufficient reason, the court below can cancel his bail.;