Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24372 of 2021 Applicant :- Bhagwan Das Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Pandey,Satish Trivedi (Senior Adv.) Counsel for Opposite Party :- G.A.,Murari Lal Jain
Hon'ble Ram Krishna Gautam,J.
Heard Sri Satish Trivedi, Senior Advocate, assisted by Sri Ajay Kumar Pandey, learned counsel for the applicant over this second bail application moved by applicant, Bhagwan Das, in Case Crime No. 303 of 2019, under Sections- 498-A, 304-B I.P.C. & 3/4 of D.P. Act, P.S. Dauki, District- Agra.
First bail Application No. 48682 of 2019 (Bhagwan Das Vs. State of U.P.) was decided on 25.8.2020.
The additional ground being argued by applicant is that applicant being father-in-law of deceased has been falsely implicated in this very case crime number and he is languishing in jail since 1.10.2019. He was with separate living and was of no concern with affairs of deceased or her husband. He is residing at New Agra in house No. 32-D/JB-514 Jamuna Vihar, Mauja Ghatwasan, since 1996 whereas place of occurrence is of his native village within area of police station Dauki, i.e. out of the Agra. Co-accused Smt. Sarita Devi @ Guddi Devi, who is mother-in-law has been enlarged on bail vide order dated 24.3.2021, by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No.19980 if 2020 (Smt. Sarita Devi @ Guddi Devi vs. State of U.P.), on the very ground of applicant being lady. This ground was not there at the time of disposal of first bail application. The brother of deceased, in his statement recorded under Section 161 of Cr.P.C., filed at Page No. 60 of Paper Book, has specifically said about the present address of applicant i.e. Jamuna Vihar, New Agra. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the complainant has vehemently opposed with this contention that all these points were heard at the time of disposal of first bail application and those documents were present at that time.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that after disposal of first bail application of the applicant Bhagwan Das, co-accused Smt. Sarita Devi @ Guddi Devi Sarita Devi @ Guddi Devi (mother-in-law), has been enlarged on bail vide order dated 24.3.2021, by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No.19980 of 2020 (Smt. Sarita Devi @ Guddi Devi vs. State of U.P.), mentioning there the reasoning of disposal of first bail application and even after that bail was granted, hence, the accusation against applicant is at par with mother-in-law and the plea of separate living was there, wherein, bail has been granted.
Considering that order as well as detention of applicant since 1.10.2019 but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Bhagwan Das, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.10.2021 Kamarjahan