Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31639 of 2021 Applicant :- Inder Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Srivastava,Vikram Singh Shrivastava Counsel for Opposite Party :- G.A.,Bhagwan Das
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 590/2017, under Sections 302, 376D IPC, police station Kotwali Mahrauni, District Lalitpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that alleged incident has been shown of 12.04.2017 and thereafter on the information of first informant to the police, the inquest proceedings were conducted on 13.04.2017 and on the next day, postmortem of deceased was conducted but that at that time no complaint was made against applicant or any of the co-accused person. Learned counsel has submitted that after 24 days of incident, an application under Section 156(3) Cr.P.C. was moved making false and baseless allegations and thereafter this case was registered on 18.06.2017 in pursuance of the order passed by court under Section 156(3) Cr.P.C. After investigation, police have submitted final report and thereafter on the complaint/protest of first informant, investigation was transferred to C.B.C.I.D. It was submitted that as per postmortem report, except ligature mark, no other injury was shown on the body of deceased and that cause of death was asphyxia as a result of ante-mortem hanging and that hyoid bone was intact and all these characteristics show that deceased has committed suicide. Learned counsel has referred statements of first informant as well as of daughter of deceased, namely, Km. Archana, who was aged about 5 years. As per prosecution version said Km. Archana was accompanying with deceased at the time of alleged incident and that in her statement she has stated that she has not seen applicant or co-accused persons taking away her mother and that during investigation by C.B.C.I.D., she has merely alleged that applicant and co- accused persons were irrigating their land and that co-accused Mahendra Singh has given Rs. 10 to her and except that she has not made any allegation. Statement of said child was also recorded under Section 164 Cr.P.C., wherein also she has reiterated same facts that applicant and co-accused persons were irrigating their land and co-accused Mahendra Singh has given Rs. 10 to her. Learned counsel has also referred statement of first informant recorded on 18.06.2017, wherein he has inter alia stated that after death of his wife (deceased), his in-laws have also harassed him but now he has compromised the matter with them. Learned counsel has submitted that in view of all attending facts and circumstances of the case, this possibility cannot be ruled out that deceased might have committed suicide due to some matrimonial dispute and that there is no evidence that deceased was subjected to gang rape by applicant and co- accused persons. It was submitted that in fact there was election related enmity between the parties and that applicant has been falsely implicated in this case due to that reason. It has further been argued that the applicant is in judicial custody since 01.06.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that after incident, due to the influence of accused persons, F.I.R. of the first informant was not registered by police and thus, the first informant has filed an application under Section 156(3) Cr.P.C. and after that this case was registered. Learned counsel for first informant has referred statements of first informant and of daughter of deceased and submitted that all the facts indicate that deceased was taken away by applicant or co-accused persons and she was subjected to gang rape and murdered by them. Learned counsel has submitted that as the local police has not investigated the matter properly, the investigation was transferred to C.B.C.I.D. Learned counsel has also referred the case diary, wherein it has been mentioned that as per D.N.A. report, the D.N.A. profile of sperm found on the clothes of deceased is similar to that of co-accused Mahendra Singh. Learned counsel for the first informant has submitted that this D.N.A. report clearly establishes involvement of all the accused persons in the incident.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Inder Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 21.9.2021 Anand