Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11005 of 2021 Applicant :- Kamalesh Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anil Kumar Chaudhary, learned counsel for the applicant and Sri Sooraj Singh, learned Brief Holder for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 547 of 2019 in S.T. No. 226 of 2020 under Sections 147, 302, 498-A and 201 I.P.C., P.S. Madhuban, District Mau.
As per F.I.R. which has been lodged by one Punni Chauhan, his daughter, Sumintar was married to Bablu Chauhan (not made an accused ) in the year 2010 who was living abroad. On 15.11.2019 at about 4:00 a.m., she came to know through some relatives that her daughter's condition was not good and pursuant to that, informant and the deceased' brother, Raju Chauhan, when reached the house of deceased, none was found there and when they tried to know from the neighbors, it was revealed that informant's daughter had been killed in the night and in order to remove the evidence, she had been cremated and the accused side had left the place after locking the same. Further it is mentioned that her daughter was being tortured mentally as well as physically by the accused and other co- accused who are father-in-law, mother-in-law, two devars and their wives. Deceased had a child also of four and a half years, therefore, it is mentioned that he has full belief that her daughter has been killed by the accused side.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; deceased had died unnatural death, thereafter she has been cremated. Further it is argued that Kiran (other devrani) and co-accused, Rubi have been granted bail by Co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos. 20474 of 2020 and 15204 of 2020 vide orders dated 24.09.2020 and 20.11.2020 respectively; applicant is innocent; applicant is devar of the deceased; he had no motive to kill the deceased. He has no criminal history. The accused applicant is in jail since 19.11.2019; if the accused is released on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and has argued that in C.D.-25, there is statement of Rama Kant that he has heard the voices emanating from the house of accused saying that let the deceased be killed and the said voices were of Durgesh, Rubi and the accused applicant to which learned counsel for the applicant stated that Rubi and Durgesh have already been allowed bail on 21.01.2021 and 20.11.2020, copy of which are annexed at page nos. 38 to 41 of the paper book.
Looking to the quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Kamalesh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 8.4.2021 A. Mandhani