Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56333 of 2019 Applicant :- Bittu Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Deepak Rana, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Bittu with a prayer to enlarge him on bail in Case Crime No. 148 of 2019, under Sections 302, 201 I.P.C., Police Station Hapur Dehat, District Hapur.
As per F.I.R version, a report was lodged by one Jai Prakash that applicant Bittu was having illicit relation with wife of the deceased and because of that they used to quarrel regularly. Giving the instance of their affairs the informant has stated that the wife of the deceased came on 25.05.2019 and on being asked, she informed that the deceased went somewhere when she was sleeping. The informant and other brothers used to search the deceased but could not succeed. On 28.05.2019, when the brother of informant Devraj went to the house of deceased, he found that the door was closed and from inside voice of the accused and the wife of the deceased was coming out and he was saying that after killing Shripal his dead body was brought into such condition that he could not be identified. Thereafter, the dead body was found in mortuary of the district hospital and then this F.I.R was lodged.
Learned counsel for the applicant has submitted that F.I.R has been lodged only on the basis of suspicion and visualizing the relationship between the wife of the deceased and the accused the applicant. Learned counsel for the applicant has further submitted that in the postmortem report the doctors were not able to ascertain the cause of death of the deceased and therefore, his viscera was preserved for further examination. Viscera report also did not disclose any poisonous content, therefore, it is not certain that the deceased was killed by accused applicant.
Further submission is that co-accused Rakhi has been already granted bail by co-ordinate bench of this Court in bail application no. 46009 of 2019 vide order dated 07.11.2019.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
In view of the above and also keeping in view the medical and viscera report and also considering that the co-accused has already been released on bail and without expressing any opinion on merit of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 18.12.2019 PS