Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49847 of 2019 Applicant :- Bittu Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
Hon'ble Bachchoo Lal,J.
Heard Sri Satyendra Kumar Singh, learned counsel for the applicant, Sri Vivek Kumar Singh, learned counsel for the complainant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is jeth of the deceased. The marriage of the deceased was solemnized with Krishnapal in the year 2010. There are three children from the wedlock of the deceased and her husband. The F.I.R. was lodged against 7 persons including the applicant with allegation that the applicant other co-accused after committing murder of the deceased cremated her dead body without informing to the informant and his family members. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. A suicide note is said to be recovered from the room of the deceased in which it has been mentioned that the applicant and his wife used to instigate the husband of the deceased due to which he committed marpit with the deceased and due to which the deceased has committed suicide. Neither the applicant has instigated the husband of the deceased to commit marpit with her nor the applicant has committed the alleged offence. In suicide note general allegation has been made against the applicant for instigating the husband of the deceased. At the time of alleged incident the applicant was living separate from the deceased and her husband. The deceased has committed suicide due to some other reason. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 7.7.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that a suicide note was also left by the deceased in which she has made responsible for applicant and other family members for her suicide. The applicant used to instigate the husband of the deceased due to which quarrel had taken place between the deceased and her husband consequently, the deceased has committed suicide. The applicant has committed the alleged offence, therefore, he is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Bittu involved in Case Crime No. 145 of 2019, under Section 498-A, 306,201, 504, 506 IPC and 3/4 D.P.Act, Police Station Binauli District Baghpat be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 17.12.2019 Gss