Ajay Bhanot, J.

1. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 311 of 2009 at Police Station Sachendi District Kanpur Nagar under Sections 302, 376, 342/34 I.P.C. The applicant is in jail since 03.10.2023.

2. The bail application of the applicant was rejected by the learned trial court on 10.10.2023.

3. The following arguments made by Shri Shive Datta Yadav, learned counsel assisted by Shri Anuj Dutta, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal learned AGA from the record, entitle the applicant for grant of bail:

"1. The applicant is a law abiding citizen who cooperated with the police investigations and he never influenced any witness nor did he tamper with the evidence.

2. The deceased disappeared on 19.08.2009.

3. A missing report was got registered by the brother of the deceased. The applicant was not referenced in the missing report.

4. The body of the deceased was found during the course of the day on 19.08.2009.

5. The FIR was lodged by the mother of the deceased on 20.08.2009 nominating the applicant.

6. Delay in lodgement of the F.I.R. in the facts and circumstances of this case is fatal to the prosecution case.

7. The applicant was nominated after due deliberation and instigation of inimical parties in the village.

8. After due investigations the final report was submitted in favour of the applicant as no implicatory evidence was found against him.

9. Subsequently on a protest petition filed by the first information summons were issued.

10. However, the aforesaid summons were never served upon the applicant. The applicant did not have any knowledge of the pending criminal case and hence could not ensure his presence on the appointed dates before the trial court.

11. Learned AGA points out that the applicant has one more criminal case pending against the applicant. Rejoining the issue and relying on the instructions received by the learned A.G.A., learned counsel for the applicant contends that the applicant is a poor person and he is in jail and does not have an effective pairokar. Hence details of the said case could not be searched out and stated earlier in the bail application. However, on the basis of the records available with the AGA and instructions obtained from the applicant, it is contended that the applicant was falsely nominated in the said case only to show the proficiency of the police investigators. The said criminal case does not depict commission of any heinous crime by the applicant and has no bearing on the instant case.

12. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending."

4. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

5. Let the applicant- Ashok Kumar @ Ashok Yadav 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 below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.