Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16923 of 2018 Applicant :- Khachchoo @ Anil Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari,Ajay Kumar Dwivedi,Lavkush Kumar Bhatt,Pt. S.P. Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Khachchoo @ Anil with a prayer to release him on bail in Case Crime No. 308 of 2017, under Sections 306, 506 IPC, Police Station Todifatehpur, District- Jhansi, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that deceased had kept her jewellery as security and taken Rs. one lac which was given to the applicant.Applicant was not returning money to the deceased therefore she was unable to get back her jewellery and on account of this dispute she committed suicide. It has been submitted that First Information Report has been lodged by the brother of the deceased and not by her husband which shows that there was something known to the husband of the deceased which prevented him in lodging the First Information Report. The First Information Report was lodged after one month and three days of the suicide committed by the deceased. The applicant is languishing in jail since 30.3.2018 who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the applicant brought on record the order sheet which shows that no evidence has been brought by the prosecution before the trial court.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Khachchoo @ Anil involved in the 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.
Order Date :- 21.8.2019 Atul kr. sri.