Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46446 of 2017 Applicant :- Kallu Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Maurya,N/A,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard, learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that on 5.6.2017, he raped the prosecutrix (wife of brother of the complainant) and killed her by throwing kerosene oil and set her on fire.
Learned counsel for the applicant submitted that applicant has been falsely implicated and is languishing in jail since 21.6.2017 (more than one year and ten months) having no criminal history. Due to heavy work load, there is no possibility to get this case decided in near future. In statement under Section 164 Cr.P.C., which is annexed at page 35 of the bail application, recorded by the Tehsildar, the deceased (Anita) stated that due leak of gas she received burn injuries and at that time nobody was present in the house and she was alone n the house and when her husband reached there he admitted her in the hospital. Nobody had set her on fire hence there is legal evidence against the applicant. There is no eye witness/eye witness account against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 applicant Kallu involved in Case Crime No. 509 of 2017, under Sections 452, 376 & 302 IPC, Police Station-Civil Line, District-Budaun 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 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.4.2019 OP