Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29036 of 2019

Applicant :- Raj Bahadur

Opposite Party :- State of U.P.

Counsel for Applicant :- Raj Kumar Sharma

Counsel for Opposite Party :- G.A.

Hon'ble J.J. Munir,J.

A rejoinder affidavit has been filed in this case is not on record.

A copy of the same has been furnished by the learned AGA and

it is taken on record.

This is an application for bail on behalf of the applicant, Raj

Bahadur in connection with Case Crime No. 587 of 2018, under

Section 302 IPC, Police Station Sirshaganj, District Firozabad.

Heard Sri Ajay Kumar Vashishtha, learned Counsel for the

applicant and the learned A.G.A. appearing for the State.

The submission of the learned Counsel for the applicant is that

the applicant has been named in the present crime on the basis

of suspicion. It is a case that proceeds on circumstantial

evidnece where no one has seen the occurrence. The

circumstance appearing against the applicant is an extra judicial

confession that has been sought corroboration of the recovery

of a piece of brick with alleged blood stains after one and a half

month from the place of occurrence that is accessible to the

public. It is pointed out that there is no serological report

relating to the claimed blood-stained brick recovered at the

pointing of the applicant. It is also submitted that at the distance

of one and a half month, there is no likelihood of a serological

examination of the blood stains claimed, which if blood is there,

would have disintegrated by now. It is submitted that the

recovery, even otherwise is planted. It is pointed out that the

applicant has no criminal history and is in jail since 18.11.2018.

Learned A.G.A. has opposed the bail plea.

Considering the facts and circumstances of the case, the nature

of allegations, the gravity of the offence, the severity of

punishment, the evidence appearing in the case, in particular,

the fact that the applicant's name has been brought in on the

basis of suspicion, the fact that the case rests on circumstantial

evidence where no one has seen the occurrence, the fact that the

applicant has been implicated on the basis of an extra judicial

confession, the fact that the recovery of a blood stained brick at

pointing of the applicant is said to be made after one and a half

month after the occurrence from a place accessible to the

public, the fact that there is no serological report determination

showing the presence of blood on the brick said to be recovered

from the place of occurrence, the fact that the applicant has no

criminal history, but without expressing any opinion on merits,

this Court, finds it to be a fit case for bail.

The bail application, accordingly, stands allowed.

Let the applicant, Raj Bahadur in connection with Case Crime

No. 587 of 2018, under Section 302 IPC, Police Station

Sirshaganj, District Firozabad be released on bail on executing

his personal bond and furnishing two sureties each in the like

amount to the satisfaction of the Court concerned with the

following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution

witnesses.

iii) The applicant shall appear on the date fixed by the Trial

Court.

iv) The applicant shall not commit an offence similar to the

offence of which the applicant is accused, or suspected of the

commission.

v) 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 such person from disclosing

facts to the Court or to any police officer or tamper with the

evidence.

(vi) The party shall file computer generated copy of such order

downloaded from the official website of High Court Allahabad.

(vii) The computer generated copy of such order shall be self

attested by the counsel of the party concerned.

(viii) The concerne