Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25360 of 2019 Applicant :- Joni @ Sumit Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.,Pavan Kumar Mishra
Hon'ble Om Prakash-VII,J.
Despite opportunity having been given prosecution failed to produce the details of the set of the mobile given through which C.D. is said to have been prepared.
Heard Sri Raghuvansh Mishra, learned counsel for the applicant, Sri Sri Pawan Kumar Mishra, learned Advocate appearing for the informant and learned A.G.A for the State and perused the record.
This is Second Bail Application. Learned counsel for the applicant submits that First Bail Application was dismissed as withdrawn and was not decided on merit.
It is submitted by learned counsel for the applicant that offences levelled against the applicant are not attracted. Referring to the contents of the FIR it was also argued that deceased consumed poisonous substance on her own. It is also argued that deceased was hospitalised but no dying declaration was recorded. She died in the intervening night of 6/7.7.2018. Entire complaint case is based on hearsay evidence. Prosecution has also not connected the version of the FIR with the documentary evidence. C.D. is said to have been prepared but the mobile on which basis C.D. was prepared has not been taken into custody nor any recovery memo was prepared in this regard. It is next contended that applicant is in jail since 17.7.2018. No prima facie case is made out. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. argued that Investigating Officer of the present matter was summoned by the Court . He appeared but he did not produce the said mobile as it was not handed over to the Investigating Officer by the informant despite efforts made by him.
Learned counsel appearing for the informant argued that C.D. has been prepared on the basis of mobile. Same has been handed over to the Investigating Officer. Prima facie case is made out. There is direct evidence against the applicant to connect him with the present offence.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the 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 Joni @ Sumit involved in Case Crime No. 808 of 2018, under Sections 376, 306, 504, 506 I.P.C., P.S. Kotwali Nagar, District Muzaffar Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 31.7.2019 Sachdeva