Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40551 of 2018 Applicant :- Gaurav Opposite Party :- State Of U.P. Counsel for Applicant :- Chaman Aara Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Ms Chaman Aara, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Gaurav in Case Crime No. 56 of 2018, under Sections 498-A, 304-B, 120-B, 302/34 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Tappal, District Aligarh with the prayer to enlarge him on bail.
As per the prosecution case, the deceased was subjected to death by her husband and other relatives; applicant is not named; name of the applicant surfaced in the confessional statement of the husband of the deceased i.e. Manoj Kumar that his wife was having illicit relationship with other persons, consequently, he hired the applicant to eliminate her; applicant along with other persons eliminated the deceased; postmortem report shows ligature mark on the neck, multiple contused abrasions on front of the limb, multiple abrasions on the mandibular, multiple abrasion on the lower wrist; cause of death is asphyxia as a result of ante mortem strangulation with throttling; learned counsel for the applicant submits that theory of hiring and eliminating the deceased is not substantiated by the prosecution version; the allegation primarily is against co-accused Manoj; there is no other legal evidence against the applicant to link him to the commission of the offence except the confessional statement; it is urged that the applicant has been falsely implicated; applicant having no other reported criminal antecedent is languishing in jail since 13.7.2018. Lastly, it is argued that co-accused Vijay Kumar and the husband of the deceased, Manoj Kumar have been granted bail by the coordinate Benches of this Court in Criminal Misc. Bail Application Nos.33623 of 2018 and 40763 of 2018 vide orders dated 5.9.2018 and 26.10.2018. Therefore, the applicant may also be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Gaurav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.10.2018/MN/-