Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23005 of 2019 Applicant :- Kailash And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajit Kumar,Vijay Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, Sri H.P. Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely, Akhlesh, Surendra Singh (Father-in-law), Sushila Devi, Kishan, Kailash and Virendra alleging that on 8.1.2016 Sundari daughter of the complainant was married with Akhlesh before two years ago. For demand of Maruti Car and Rs.3 lac, they killed her by pouring kerosene on her body on 8.1.2016.
Learned counsel for the applicants submitted that the applicants are brothers-in-law (devar) of the deceased and is languishing in jail since 23.3.2019 (more than two months) having no criminal history. Co-accused namely Surendra Singh and Smt. Sushila Devi have been granted bail by this Court vide order dated 8.12.2017 and 20.2.2019 in Criminal Misc. Bail Application Nos. 48091 of 2017 and 7309 of 2019, since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. The applicants are innocent and have been falsely implicated in the present case. General role has been assigned to all accused. This is a case of suicide. They have no concern with the so called demand and they are not beneficiary of the same. They are living separately. Deceased has committed suicide herself. No injury was found on the body of the deceased. There is no independent witness against the applicants. There is no eye witness account and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that instructions have not been received.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Kailash, Virendra Singh and Kishan involved in Case Crime No. 45 of 2016, under Section 498A, 304B IPC and 3/4 of D.P. Act, Police Station-Hathras Junction, District-Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2019 A. Singh
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23005 of 2019 Applicant :- Kailash And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajit Kumar,Vijay Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri H.P. Gupta, learned A.G.A. for the State stated that instructions have not been received.
Call for a report from S.S.P./S.P., Hathras to explain as to why and under what circumstances, instructions have not sent within time, by filing personal affidavit on or before 4.7.2019.
List in the week commencing 8.7.2019.
Copy of this order be provided free of cost to learned A.G.A. for the State within 24 hours for compliance.
Order Date :- 31.5.2019 A. Singh