Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17240 of 2019 Applicant :- Dharmesh Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention in brief is that the applicant has been roped in, in this case merely on account of suspension and conjecture. It is a case of circumstantial evidence. There is no circumstantial link showing complicity of the applicant involved. Confessional statement of the applicant is the only testimony. False recovery has been planted against the applicant. The fact is that the marriage of the deceased was settled with the applicant and the applicant's brother- in-law Kale and the applicant visited the house of the informant prior to marriage and this agitated the brother of the deceased and on account of anger applicant has been roped in in this case. There is no last seen testimony/ link of the circumstances. The deceased is stated to have gone away from the house on 7.11.2018. The FIR was lodged on 9.11.2018. Post Mortem Examination took place on 10.11.2018 whereas cause of death is said to be strangulation and duration of post mortem and time of death is said to be 6 to 7 days. This speaks volumes about the false implication of the applicant because deceased left her home on 7.11.2018, post mortem took place on 10.11.2018 then why death happens 6-7 days prior. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 14.11.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Dharmesh involved in Case Crime No. 471 of 2018, under Sections 302, 201, 504, 506 I.P.C. Police Station Hayatnagar, District Sambhal be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.4.2019 N.A.