Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52608 of 2019 Applicant :- Kundan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Sharma Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit has been filed on behalf of applicant and Sri Nitin Sharma, learned counsel has filed Vakalatnama on behalf of complainant. Let these documents be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. His name came into light in the statement of informant Sunil Kumar Singh. Informant Sunil Kumar Singh in his statement has expressed suspicion against the applicant. It is said that the applicant also used to talk with the deceased on her mobile phone. Except this there is no other cogent evidence against the applicant. It has further been submitted that applicant has not harassed or tortured to the deceased and has not compelled the deceased to commit suicide. There is no cogent evidence with regard to abatement. The applicant has falsely been implicated only on the basis of suspicion. The applicant has no criminal history and is in jail since 16.9.2019.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that in call detail it has been found that on 10.9.2019 at 5:30 A.M. the applicant made a call on the mobile phone of the deceased. In the statement of Aditi Mishra it has come that the deceased did not sleep in the night of 10.9.2019 and in the whole night she talked on mobile with someone. It has further been argued that applicant is involved in the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Kundan Singh involved in Case Crime No. 216 of 2019, under section 306 IPC, P.S. Chetganj, District Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.11.2019 Masarrat