Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15596 of 2018 Applicant :- Kishan Opposite Party :- State Of U.P.
Counsel for Applicant :- Bijay Singh Sachan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 44 of 2017, U/S 498a, 323, 504, 506, 304b IPC and 3/4 D.P.Act, P.S. Najirabad, district Kanpur Nagar with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is Dever of the deceased. He is wholly innocent and has been falsely implicated by the first informant as he is younger brother of the husband of the deceased. In the dying declaration there is no allegation against the applicant. It is next contended that the sister-in-law of the deceased Smt. Pooja has been granted bail by the coordinate Bench of this Court in Bail Application no. 26295 of 2017 vide order dated 8.8.2017.
Learned A.G.A. has opposed the prayer for bail and stated that the alleged dying declaration appears to be procured one as during investigation there are statements of the independent witnesses in which it is stated that the applicant and other family members used to ill-treat with the deceased and on the date of incident the applicant and other co-accused has beaten the deceased.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail. I am of the view that the applicant is Dever and he is languishing in jail since 16.3.2017 and the bail is granted to the applicant on the ground that the case of the applicant is distinguishable from the husband of the deceased.
Let the applicant Kishan involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.4.2018 Dhirendra/