Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23671 of 2019 Applicant :- Chhotelal Opposite Party :- State Of U.P.
Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Yashpal Yadav, learned counsel for the applicant, Sri I.P. Srivastava, 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 – Chhotelal with a prayer to enlarge him on bail in Case Crime No.403 of 2016, under Section 302 I.P.C., Police Station Ramkola, District Kushinagar.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that the informant has lodged the FIR on 03.08.2016 at 7.20 p.m. alleging therein that about 70 mts. from his residential house he owned a hut in which his mother aged about 45 years used to sleep with his younger brother Manjeet. On 02.08.2016 the mother of the informant went to hut whereas his younger brother Manjeet slept on the roof of his house; at about 9 p.m. he had gone to the hut where he heard the sound of quarrel between his mother and the applicant. He came back to his house and slept there. In the next morning at about 4.00 a.m. his younger brother Manjeet went to meet his mother where he saw that the applicant was running away after coming out of the hut. On entering the hut, he found that his mother was lying dead and marks of scratches were on neck and hand of his mother. On hearing the cries of Manjeet all family members reached there where the applicant was seen running away from the spot. It is alleged that since number of persons had seen the applicant Chhotelal coming out of the hut they assured that her mother was killed by the applicant. It has been argued that since father of the informant had expired when they were very young, the applicant had brought them up and the applicant frequently used to come to their house during which the mother of the informant developed relationship with the applicant, due to which he has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant and there is no motive against the applicant to kill the mother of the informant. It has been argued that two witnesses has been examined and there are no chances that the trial is likely to be concluded in near future.
There is no cogent evidence to show the involvement of the applicant in the present case. Learned counsel has also pressed the bail application on the ground of period of detention as the applicant is in jail since 04.08.2016. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Accordingly, he requests for bail.
Learned A.G.A. 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.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local 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 :- 7.6.2019 Anand Sri./-