Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38818 of 2020 Applicant :- Anuj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Learned counsel for the applicant prays for and is allowed to delete the name of opposite party no. 2 from the array of parties during the course of the day.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Anuj with a prayer to enlarge him on bail in Case Crime No. 96 of 2018, under Sections 323, 326, 366, 354, 302 I.P.C., Police Station Sidhari, District Azamgarh.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. The police after investigation has already filed charge sheet against the applicant, hence, there is no question of accused influencing the investigation. Submission is that the alleged dying declaration which was recorded, shows that the deceased has not stated anything against the accused-applicant that he poured the kerosene oil and lit the fire. On the contrary the statement shows that the accused-applicant and the deceased were having love affair and this possibility cannot be ruled out that on being prevented by the parents, the deceased herself might have committed suicide. Moreover, the learned counsel for the applicant has submitted that in the dying declaration, the role of the applicant has been restricted to the extent that the applicant took the deceased forcibly from her house. On this point, learned counsel for the applicant has also submitted that this appears to be quite unnatural, as the record shows that at the time when she was forcibly taken away, her family members were sleeping on the roof of the house and for a young person aged about 22 years, it was not possible to close the mouth of the victim and took her away. There was every possibility that the family members might be got awakened. It has further been submitted that it is also quite unnatural that when she was taken away by the accused-applicant to his house, the parents of the applicant instead of sending her back, they also got themselves involved in the commission of the offence. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 26.07.2018, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has already filed charge sheet in the matter. It has further been submitted that in view of the dying declaration of the victim, the offence becomes serious and heinous and in such situation no sympathetic view can be taken for the accused-applicant, hence, the accused-applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 5.1.2021 sailesh