Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8546 of 2019 Applicant :- Beetu @ Anurag Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 30.11.2018 the daughter of the complainant was killed. During investigation, it was found that deceased (Lovely) was the lady of bad character and with the help of the applicant and nephew of the deceased, father had killed her by strangulation. Ligature mark was also found on the neck of the deceased.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 6.12.2018 (about three months) having no criminal history. There is no motive of nephew to kill the deceased. The motive is against the father only. The applicant is not named in the F.I.R. The Police has falsely implicated the applicant to show his good work only. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness against the applicant. There is no eye witness account against the applicant 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 the applicant has no criminal history. According to statement of doctor, the death of the deceased was homicidal and not suicidal.
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 Beetu @ Anurag involved in Case Crime No. 543 of 2018, under Sections 147, 148, 149, 307, 302/34 IPC, Police Station Bevar, District Mainpuri 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 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 him 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 :- 27.2.2019 OP