Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51589 of 2019 Applicant :- Amarjeet Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Awadhesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Awadhesh Kumar Srivastava, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State are present.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 106 of 2019 under Sections 306 I.P.C., P.S. Khajuria, District Rampur.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; applicant was married to the deceased ten years ago and had two children out of the wedlock, one aged three years and other seven years. F.I.R. was initially lodged under Section 302 I.P.C. read with Section 147 I.P.C. but subsequently charge-sheet under Section 306 I.P.C. was submitted. There is no ingredient of Section 306 I.P.C. against the accused applicant. In F.I.R., the allegation that the accused applicant has married other lady about five years ago is also false and even if that be taken to be true, the same is said to have taken place about five years ago and not in recent past. He was not present on the date and time of occurrence as he was in Mumbai. His wife has committed suicide because of some quarrel with her mother and real brother who had come to his house in his absence. In post-mortem report, ligature mark is found. The cause of death is found to be asphyxia due to ante- mortem hanging. Her hyoid bone is found to be intact; accused is lying in prison since 7.06.2019; the accused has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Amarjeet Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 A. Mandhani