Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53687 of 2021 Applicant :- Chandra Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Santosh Kumar Shukla, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case on the basis of false facts. No prima facie case is made out against the applicant. Initially, one F.I.R. had been lodged on part of the applicant's side regarding the death of the husband of the deceased. Charge-sheet had also been filed. It is further submitted that none of the ingredients of the offence under section 306 IPC is available against the applicant. Deceased committed suicide herself at her parental house. Allegations levelled against the applicant in the F.I.R. are false. Initially, applicant approached this Court for quashing of the F.I.R. Stay order was granted till submission of charge-sheet. Thus, referring to the entire facts, it is further submitted that applicant is languishing in jail since 15.11.2021 having no previous criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Chandra Prakash involved in Case Crime No.02 of 2019 under Section 306 IPC, Police Station Airwa Katra, District - Auraiya be released on bail on furnishing a personal bond and two heavy 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. 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.
4. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 / ss