Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41328 of 2018 Applicant :- Lakhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Rabindra Bahadur Singh,Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated; that the applicant had no concern with deceased and could have no motive to cause her death; that as per prosecution case the deceased was married to co-accused Vijay Singh about 15 years back and there were some property dispute; that it is also alleged that husband of deceased was habitual of taking liquor and was under influence of co-accused Bhuri Singh and Thakuri and caused death of Smt. Usha, deceased in pre-planned manner; that the applicant was tenant in a portion of the house of co-accused Vijay Singh and had no reason to participate in the incident in question; that the case of applicant is distinguishable from co-accused Vijay Singh, Bhuri Singh and Thakuri; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 30.9.2017.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Lakhan be released on bail in Case Crime No.523 of 2017, under Sections 147 & 302 I.P.C., P.S. Jagdeeshpura, District Agra, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.11.2018 Kpy