Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41234 of 2018 Applicant :- Chhotu Alias Sanjeet Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- V.K. Agnihotri Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Chhotu Alias Sanjeet Kumar in connection with Case Crime No. 298 of 2018 under Section 323, 376, 506 IPC P.S. Civil Lines, District Etawah.
Heard Sri V.K. Agnihotri, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that the learned counsel for the applicant is that the prosecutrix is the widowed sister-in-law (Bhabhi) of the applicant. It is also pointed out that the applicant's brother passed away four years ago. Learned counsel has submitted that the prosecutrix was demanding her share in the house and property which the family declined and the prosecution has been brought four years after her husband's death on patently false allegation in order to enforce that demand of hers, through abuse of criminal law. It is submitted that the prosecution is patently mala fide in support of which there is no evidence. The statement of the prosecutrix under Section 164 Cr.P.C. that is inculpatory, in the submission of learned counsel for the applicant, in this peculiar background of the relationship of the parties looking to these facts and circumstances, the statement under Section 164 Cr.P.C. looses its significance. It is argued that the applicant is a respectable man who is in jail since 06.08.2018.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the relationship between the parties, the background of that relationship and its dynamics including prosecutrix's demand about which there is evidence in the statement of independent witnesses, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Chhotu Alias Sanjeet Kumar involved in Case Crime No. 298 of 2018 under Section 323, 376, 506 IPC P.S. Civil Lines, District Etawah be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 29.10.2018 Deepak