Supplementary affidavit filed on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that applicant is Nandoi of the deceased. He has falsely been implicated in the present case. The deceased was firstly married with one Sunder Lal and secondly married with Mintoo. There is general allegation against the applicant. There is no independent witness of the alleged occurrence. It has further been submitted that the applicant has no concern with the alleged incident. At the time of alleged incident the applicant was living separate from the deceased and her husband. It has further been submitted that co-accused Usha, wife of applicant has already been released on bail by another bench of this court vide order dated 5.3.2019 in Criminal Misc. Bail Application No. 9365 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 20.6.2018.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Dharmveer alias Gappi involved in Case Crime No. 138 of 2018, under section 323, 302, 201 IPC, P.S. Jahangirabad, District Bulandshahr be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.4.2019 Masarrat