Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55720 of 2019 Applicant :- Smt. Lajjawati And Another Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, Shri Piyush Dubey, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 0299 of 2019, under Section 302 of IPC, Police Station - Kagaroll, District - Agra with the prayer to enlarge the applicants on bail.
First Information Report of this incident was got lodged by complainant against unknown persons on the allegation that his father Ramesh Chandra was sleeping in veradah of house as usual as earlier and complainant had talked with his father in night till 12:00 o' clock and in the morning of 27.08.2019 at about 05:00 A.M. when the matter of complainant Ramarati Devi woke up, she saw her husband (complainant's father) lying dead on bed stained with blood. Then, Complainant's mother told him and complainant along with his mother came and saw the dead body of his father, who was murdered by some unknown person after hitting him with sharped edged weapon on deceased's neck and head. Thereafter, on 18.11.2018 an application was given by the complainant mentioning therein that he has come to know that the murder of his father was committed by accused Dharamveer @ Pappu son of Harikishan, Purshottam son of late Pyare Lal and Lajja wife of Harikishan. Again, the police recorded statement of the complainant and the wife of the deceased - Ramarati and Madhu (sister of complainant) on 12.12.2018. Their statements are annexed at pages No. 26 to 34 of the paper book, wherein witness Madhu has stated that accused Dharamveer @ Pappu and Purshottam have confessed crime before her and has requested that the matter be settled amicably with her brother, as they all are of the same family.
The learned counsel for the applicants has submitted that the the accused applicants are quite innocent and have been falsely implicated in this case and their names have surfaced after about three months of the incident and only evidence against them is their extra judicial confessional statements made to the sister of the complainant and no other reliable evidence is against the accused persons. Learned counsel for applicants has also submitted that nothing incriminating was recovered from the possession and or on the pointing out of the accused.
Learned A.G.A. has opposed the prayer for bail. But he could not controvert the aforesaid submission made by the learned counsel for the applicants.
Considering the rival submissions of learned counsel for the parties, facts and circumstances of the case, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicants - Smt. Lajjawati and Purshottam involved in the aforesaid crime be released on bail on each of them furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(3). In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.
Order Date :- 17.12.2019 LBY