Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33863 of 2021 Applicant :- Indrajeet Opposite Party :- State of U.P.
Counsel for Applicant :- Bipin Kumar,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is nephew of husband of deceased and that he has nothing to do with matrimonial life of deceased. The marriage of deceased with uncle of applicant has taken place in the year 2007. In the first information report only general allegations have been levelled that all the six accused persons including the applicant, that they used to harass the deceased and they have caused her death. It was submitted that in fact, due to some dispute, the husband of deceased has pushed the deceased due to which her head dashed against a stone and resultantly she sustained injuries at her head and died. It was submitted that no specific role has been assigned to applicant. Learned counsel further submitted that similarly placed co-accused Ram Surat Yadav, who is jeth of deceased, has already been granted bail by co- ordinate Bench of this Court vide order dated 30.07.2021, passed in Criminal Misc. Bail Application No. 25257 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 27.02.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons has already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Indrajeet involved in Case Crime No. 51 of 2021, under Sections 498-A, 302/34 IPC, P.S. Chakiya, District Chandauli, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 23.9.2021 A. Tripathi