Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34247 of 2019 Applicant :- Krishna Awtar @ Krishna Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivendra Raj Singhal,Sri Dharmendra Singhal,Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Mrs. Manisha Chaturvedi, Advocate filed her Vakalatnama on behalf of the informant is taken on record.
Heard learned counsel for the applicant, Sri S.K. Tripathi (B.H.), learned counsel appearing for the State, Mrs. Manisha Chaturvedi, learned counsel for the informant and perused the record.
According to prosecution case, F.I.R. was lodged on 27.8.2016 after four months of the incident alleging that on 27.4.2016 (time unknown) wife of the complainant Anju Sharma was killed by Krishnawatar, father of the deceased, Yatendra Kumar, brother of the deceased, Smt. Mithilesh, mother of the deceased and Smt. Priti, sister of the deceased, because the marriage was done between the deceased and complainant as love marriage and they were annoyed.
Learned counsel for the applicant submitted that applicant is father of the deceased hence he has been falsely implicated in the present case. Initially in this case, after investigation final report was submitted and in compliance of the Court's order for further investigation, the fresh investigation was done. Later on, another investigation was conducted and charge-sheet was submitted against two persons, namely, Krishnawatar and Yatendra Kumar. Deceased was died in natural death and cremation was done in a routine manner. F.I.R. was lodged after a long time without giving proper explanation. On hearsay statements of the villagers further investigation was conducted after two years and seven months in which the statements of witnesses, namely, Anoop Giri and Sunil Dutt Sharma were recorded and charge-sheet was submitted. At present, there is no legal and cogent evidence against the applicant. The applicant is languishing in jail since 23.4.2019 (about four months) having no criminal history. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Mrs. Manisha Chaturvedi, learned counsel for the informant submitted that deceased and applicant came to this Court for interim protection and interim protection order was passed. Before one day of the incident, the deceased had written a letter to the S.S.P., Aligarh about apprehension. Applicant has not produced medical evidence about the nature of death of the deceased. At the time of cremation the applicant was not present.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Krishna Awtar @ Krishna Kumar involved in Case Crime No. 360 of 2016, under Section 302, 201, 504, 506 IPC, Police Station-Khair, District-Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 22.8.2019 OP