Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35051 of 2019 Applicant :- Kapil Pundir Opposite Party :- State Of U.P.
Counsel for Applicant :- Zia Naz Zaidi Counsel for Opposite Party :- G.A.,Ramesh Pundir,Rekha Pundir
Hon'ble Rajul Bhargava,J.
Heard Ms. Zia Naz Zaidi, learned counsel for the applicant, Sri Ramesh Pundir, learned counsel for the informant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
It has been contended by learned counsel for the applicant that on the alleged date of incident when the wife of the applicant died the applicant was posted at Seema Suraksha Bal, Sitarganj, District Udham Singh Nagar, Uttarakhand and he reached his village on receiving the information after two days. In the first information report, the allegation of administering poison has been levelled against other family members. At this stage, in the postmortem report no antemortem injury has been noted and viscera has been preserved and its report has not been received till date. The case of other co-accused who were present at the house is distinguishable from that of the applicant. The matter needs deeper and fairer investigation before any arrest should be given effect to. The applicant has no other reported criminal antecedents, therefore, the applicant may be enlarged on anticipatory bail.
Per contra, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents and especially no useful purpose would be served if the applicant who is serving on the border is sent to jail, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant- Kapil Pundir involved in Case Crime No. 276 of 2019, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station- Nanauta, District- Saharanpur, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 27.9.2019 Vikas