IMPORTANT POINT
The principle of 'bail is rule and jail is exception' was applied, along with considerations of the nature and gravity of the accusation, examination of prosecution witnesses, and likelihood of conviction based on the evidence before the trial court.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Heard Sri Saroj Kumar Dubey, learned counsel for the applicant, Sri R.K.Mishra, learned A.G.A. and perused the records.

2. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.172 of 2020 under sections 302,323,504,506 and 34 I.P.C., Police Station-Tarkulwa, District-Deoria.

3. Applicant before this Court is one of the three named accused.

4. According to prosecution story struggle took place on a demand of liquor which resulted to a scuffle wherein one person died.

5. Learned counsel for the applicant submits that out of proposed 18 prosecution witnesses, six have already been examined and according to prosecution story, alleged eye witnesses P.W.1, P.W.2 and P.W.4 have not supported the case of prosecution even in the examination-in-chief and have been declared hostile. He further submits that other three witnesses have already been declared hostile. Learned counsel for the applicant further submits that applicant is in jail since 6.10.2020 i.e. about three and a half years. Learned counsel for the applicant lastly submitted that there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.

6. Learned A.G.A. has vehemently opposed the above referred submission but status of trial and nature of evidence has not been seriously disputed.

7. I have considered the above mentioned rival submissions in referred factual and legal background and in view of established principle of jurisprudence of bail i.e 'bail is rule and jail is exception' as well as relevant factors for consideration of a bail application such as (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused;(vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; (viii) danger of course, of justice being thwarted by grant of bail etc. and that an order to grant or not to grant bail must assigned reasons (see Deepak Yadav Vs. State of U.P. (2022) 8 SCC 559, Manoj Kumar Khokar Vs. State of Rajasthan and Anr (2022) 3 SCC 501, The State of Jharkhand Vs. Dhananjay Gupta @ Dhananjay Prasad Gupta: Order dated 7.11.2023 in SLP (Crl) No.10810/2023 and Shiv Kumar Vs The State of U.P. and Ors: Order dated 12.9.2023 in Criminal Appeal No.2782 of 2023), therefore, I am of considered opinion that present is a fit case to grant bail to applicant mainly on following reasons:-

(i) Applicant is in jail since 6.10.2020 i.e. about three and a half years. Out of proposed 18 prosecution witnesses, six material witnesses have already been examined as such there is no reasonable apprehension of witnesses being influenced.

(ii) Court takes note of nature of evidence before learned Trial Court that some of alleged eye witnesses have not supported the prosecution case and were declared hostile.

(iii) Court also takes note of the submission of learned counsel for the applicant that on basis of nature of evidence available before learned Trial Court at this stage, possibility of conviction appears to be very remote.

8. Let the applicant-Jamwant, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournm