Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38736 of 2018 Applicant :- Bhaiya Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Raju Kanaujia Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, Sri Munne Lal, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Bhaiya Lal, who is involved in Case Crime No.290 of 2005, under Sections 149, 302 I.P.C., Police Station-Kotwali Kannauj, District- Kannauj, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number whereas on the date of occurrence, a report in the form of information was submitted at Police Station, Kotwali Kannauj by Jai Ram Kushwaha, mentioning therein sequence of occurrence in which Shyam Singh Nai, having illicit relation with Kiran Devi @ Karna, did criminal trespass in the house of the informant at about 6:00 PM and he committed murder of Kiran Devi @ Karna by knife blow; subsequently, under excitement he too committed suicide by giving assault of knife upon himself and both dead bodies were lying at his home; this was entered in general diary of the Police Station, concerned, wherein no offence was disclosed by any other than the deceased Shyam Singh Nai; inquest proceeding followed by autopsy examination of those bodies were got conducted; thereafter this complaint was got filed by the husband of the deceased and there was summoning of the present accused-applicant for above offences whereas a complaint for murder of his brother Shyam Singh Nai by the present complainant and his father-in-law has been filed; present accused-applicant is of no criminal antecedents. There is no likelihood of him tampering with evidence or fleeing of applicant from course of justice, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
First information submitted at Police Station, concerned, by the father of the deceased Kiran Devi @ Karna reveals sequence in which Kiran Devi @ Karna and Shyam Singh Nai had died. Criminal machinery was put in motion and inquest proceeding and autopsy examination of dead bodies were got conducted. Till then there was no offence. Complaint has been filed in which the complainant and his father-in-law have been examined, under Sections 200 and 202 Cr.P.C. and both of them were not eye witness account of the occurrence, rather two witness have been said to be present on the spot, but none of them have said about occurrence of offence to Police prior to their examination as witness in above complaint proceeding. Present accused- applicant is of no criminal antecedents and the injuries found over the person of Kiran Devi @ Karna were of knife only, which was said to have been given by Shyam Singh Nai. Under all above facts and circumstances, without commenting on merits of the case, the Court is of the view that a case for bail is made out.
Accordingly, Bail Application is allowed.
Let the applicant, Bhaiya Lal, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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.
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 :- 29.5.2019 bgs/