Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7990 of 2019 Applicant :- Kallu @ Vinod Opposite Party :- State Of U.P.
Counsel for Applicant :- Omar Zamin,Brahma Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated on the basis of suspicion of illicit relationship of applicant with Smt. Isha, wife of Dheeraj (deceased); that as per averments made in FIR lodged on 5.11.2018 by Vinod Kumar, his brother Dheeraj was married to Smt. Isha, who was allegedly having illicit relations with applicant and since applicant, Smt. Isha, her mother, brother and sister insulted deceased and committed atrocities on him, being fed up Dheeraj committed suicide by hanging himself with ceiling fan at 6.00 a.m. on 5.11.2018; that two suicide notes were also produced by first informant, copies at Annexure-4, which does not suggest any abetment or any instigation at the instance of applicant for committing suicide by Dheeraj; that above suicide notes are forged and fictitious and their genuineness is to be established; that neither applicant had any illicit relationship with Smt. Isha nor he ever insulted Dheeraj nor made fun of him nor abeted or instigated him for committing suicide; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 12.11.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Kalu @ Vinod be released on bail in Case Crime No. 1423 of 2018, under Sections 306 I.P.C., P.S. Kotwali Nagar, District Muazaffar Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.2.2019 T. Sinha