Ajay Bhanot, J.

1. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 426 of 2023 at Police Station Tilhar, District Shahjahanpur under Sections 147, 148, 149, 364, 302, 34 IPC. The applicant is in jail since 20.06.2023.

2. The bail application of the applicant was rejected by the learned trial court on 14.07.2023.

3. The following arguments made by Shri Radhey Shyam Shukla, learned counsel assisted by Shri Vipul Shukla, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri K.K.M. Tripathi, learned counsel on behalf of the informant and Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:

"1. Delay is actuated by malice inasmuch the first informant was repeatedly asked by the police authorities to lodge an FIR but he declined to do so on the pretext that he would wait for his son to arrive and after due consultation with lawyers would lodge the FIR.

2. The applicant and his all family members have been nominated at the instigation of interested parties in the village.

3. The applicant has not been identified as principal offender who inflicted the fatal injury on the person of the deceased.

4. The nephew of the first informant Suraj had taken the deceased to the hospital and informed the hospital authorities that the death was caused in a road accident.

5. The documents collected during the course of investigation attested the aforesaid facts.

6. One danda was planted on the applicant to implicate him in this case only to burnish the credentials of the police investigators.

7. There is no independent witness to the recovery.

8. The recovered item does not connect the applicant with the offence.

9. The FIR asserts that the assault was made by weapon butts.

10. The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.

11. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of her 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- Rajendra Singh 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.