Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3853 of 2019 Applicant :- Kripa Shankar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused- applicant-Kripa Shankar, who is involved in case crime no.486 of 2018 under Sections 306, 506 I.P.C., Police Station- Loni Border, District- Ghaziabad.
Submission of the learned counsel for the applicant is that he is innocent and has falsely implicated in the present case; that the love marriage between the deceased with the applicant was took place in the year 2010 and out of their wedlock two children were born; that the version of the FIR and the inquest are contradictory as there was no injury except ligature mark was found on the body of the deceased; that there is no evidence of abatement of suicide and the story of illicit relation of the applicant with the other lady of neighborhood namely Baby is false and concocted. It is further contended that the deceased has committed suicide due to depression as her other family members have always taunted for her love marriage. It is lastly contended that the accused applicant is languishing in jail since 22.6.2018 having no previous criminal history.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. 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//Fhd.