The court may grant bail based on the nature of allegations, period of custody, and the circumstances of the case, without expressing any opinion on the merits of the case.

JUDGMENT :

RAJ BEER SINGH, J.

1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

2. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. As per prosecution version, applicant and co-accused Ajit Vishwakarma and Prakash have got withdrawn Rs.10,000/-by the deceased from his account and thereafter, they have consumed liquor and when deceased lost his consciousness, applicant and co-accused persons committed theft of the remaining amount of deceased and later on, deceased has died due to excessive intake of liquor. Learned counsel submitted that allegations made against applicant are thoroughly false and that in post-mortem report of deceased, no injury has been shown on the body of deceased and cause of death could not be ascertained and thus, viscera was preserved but viscera report is yet to be received. It was further submitted that applicant has no motive at all to cause death of deceased or to cause any harm to him and in fact deceased himself has consumed liquor and he died due to excessive intake of liquor. It has been further submitted that similarly placed co-accused persons, namely Ajit Vishwakarma and Prakash have already been enlarged on bail by co-ordinate Benches of this Court, the copies of which, are available on record. It has been submitted that the applicant is languishing in jail since 09.07.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

3. Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons, namely, Ajit Vishwakarma and Prakash have already been granted bail by this Court.

4. Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

5. Let the applicant Pradeep Kumar Patel involved in Case Crime No.166 of 2021, under Sections 379, 304, 34 I.P.C., registered at Police Station Lohta, District Varanasi, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

1. The applicant shall not tamper with the evidence during the trial.

2. The applicant shall not pressurize/intimidate the prosecution witness.

3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5. 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 dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

6. In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.