Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6154 of 2018 Applicant :- Dropadi Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Yadava,Ram Chandra Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 48 of 2017, u/s 328, 304 IPC, P.S. Kaptanganj, District Kushinagar with a prayer to release him on bail.
According to prosecution case, on the basis of application u/s 156(3) Cr.P.C., the F.I.R. was lodged on 25.1.2017 against two accused persons, namely, Bharath Singh and Dropati; alleging that on 19.7.2016 accused Bharath Singh @ Ramu Singh killed Ranu by administering poison. According to postmortem report, cause of death could not be ascertained and Viscera was preserved.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. An application has been moved by complainant Ramashray Vishwakarma before S.S.P. Kushinagar on 12.7.2016 and stated that there was love affair between Ranu (deceased) and Bharath Singh Alias Ramu Singh (co- accused); they have committed suicide by taking poison and admitted in the hospital, subsequently Ranu died. Offences levelled against the applicant are not attracted in the present case. It is submitted that co- accused Bharath Singh has been granted bail in Bail Application no. 13418 of 2018. The applicant is in jail since 26.11.2017 also deserves to be released on bail on the ground of parity.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the fact of parity as claimed on behalf of the applicant with that of the co- accused who has already been released on bail.
After perusing the record in the light of the submissions made at the bar and the nature of evidence and without expressing any opinion on the merits of the case, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant Dropadi Devi involved in the aforesaid case crime number be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.10.2018 Dhirendra/