Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40492 of 2019 Applicant :- Alok Kumar Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Nirendra Mohan,Shashank Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 5.12.2018 one unknown dead body was found from field receiving some injuries including burn injuries. Subsequently dead body was identified as Nanhe Lal. During investigation, names of Neelam (second wife of deceased), Arvind Rathor, Satendra Verma, Rahul, Alok Kumar Tiwari and Pratibha Gaur (wife of Arvind Rathor) were surfaced and it was found that Neelam (second wife of deceased) cheated her husband with other accused persons and Satendra Verma assaulted the deceased with iron rod on head; Arvind Rathor, Satendra Verma and Rahul set him on fire by pouring petrol. Pratibha Gaur arranged intoxicated medicines and mixed in water of deceased. Iron rod used in the crime was recovered from the possession of co-accused Satendra Verma. Motive was found that one forged will deed was executed by the deceased in favour of Neelam and one Suman and Alok Kumar Tiwari (applicant) are the marginal witnesses of that will deed.
It is submitted by learned counsel for the applicant that applicant and one Suman are the marginal witnesses of the so called will deed executed by the deceased in favour of Neelam (second wife of the deceased), hence the applicant has been falsely implicated in the present case. The applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought with due legal consultation on the basis of suspicion. Actual beneficiary of the property of deceased is Neelam who was so-called second wife of deceased. Applicant has no concern with this crime. There is no independent witness and no legal evidence against the applicant. Main role of assault was assigned to co-accused Satendra Verma and iron rod used in the crime was recovered from the possession of co-accused Satendra Verma. The case of applicant is distinguishable from co-accused Satendra Verma. It is a case of circumstantial evidence, no chain is established to connect the applicant with this crime. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 26.5.2019 (four months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Alok Kumar Tiwari involved in Case Crime No. 398 of 2018, under Sections 302, 201, 120-B, 467, 468, 471, 420 IPC, Police Station Bithoor, District Kanpur Nagar be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 she is accused, or suspected, of the commission of which she 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.9.2019 OP