Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56749 of 2019 Applicant :- Hori Lal @ Hiru Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Pandey,Anish Kumar Sinha,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident has been lodged against 4 persons including the applicant making general allegation. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. The deceased consumed poison herself. At the time of cremation, the father of the deceased was also present. There is no cogent evidence with regard to abetment against the applicant. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The co-accused Shiv Lal having identical role has already been released on bail by another bench of this court vide order dated 26.11.2019 in Cr. Misc. Bail Application No. 51667 of 2019, therefore, applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 22.7.2019.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused Shiv Lal having identical role has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Hori Lal @ Hiru involved in Case Crime No.109 of 2019, under Section 306, 201 IPC Police Station Kachhwa District Mirzapur be released on bail on his furnishing a personal bond and 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 evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will 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 :- 19.12.2019 Gss