Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24171 of 2021 Applicant :- Arbind Bind Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Mishra,Kalamuddin Counsel for Opposite Party :- G.A.,Vijay Kumar Pandey
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit filed by learned counsel for the applicant and counter affidavit filed by learned counsel for the first informant, are taken on records.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. It has been submitted that FIR was lodged against applicant and four other accused persons alleging that deceased was having a love affair with sister of applicant and due to that reason applicant and his family members used to harass him and resultantly, on 19.04.2021, he has committed suicide. Learned counsel has submitted that there is absolutely no evidence that applicant has abetted or instigated the deceased to commit suicide and that in the FIR, he has been named merely on the basis of suspicion. Learned counsel has referred the statement of witnesses as well as post-mortem report of deceased and submitted that even if the deceased was having some love affair with sister of applicant, it cannot be said that applicant has abetted the deceased to commit suicide. It has been further submitted that similarly placed co-accused Shani Bind @ Sunil has already been enlarged on bail by a co-
ordinate Bench of this Court, vide order dated 27.08.2021, passed in Criminal Misc. Bail Application No.-23105 of 2021. It has been submitted that the applicant is languishing in jail since 27.04.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail.
Learned counsel for the first informant has submitted that in fact it was a case of murder of deceased but the FIR of informant was not registered by police and after post-mortem of deceased, the instant case was registered, whereas, the first informant has not given any such tehrir to the police. Learned counsel for the first informant has submitted that the police did not conduct the investigation properly and did not record the statements of witnesses and that merely version of FIR was incorporated in statements of some of the witnesses and that in collusion with the accused persons, the charge-sheet was submitted under Section 306 IPC. Learned counsel has further submitted that as the deceased was having an affair with sister of applicant thus, applicant has motive to commit murder of deceased and that role of applicant is distinguished from co- accused Shani Bind @ Sunil.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Arbind Bind involved in Case Crime No.107 of 2021, under Section 306 IPC, Police Station - Kerakat, District - Jaunpur, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 he is accused, or suspected, of the commission of which he 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 7.10.2021 Neeraj