Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41289 of 2018 Applicant :- Lal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Mishra 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 contended that the applicant is not named in F.I.R. and has been falsely implicated for causing murder of his second wife Geeta Devi; that the applicant has been falsely implicated in view of the statement of Tara Devi, the applicant's daughter from first wife wherein she has narrated that since the applicant had nominated the deceased in his official papers, so his two sons and wife of one of them, Vikram, Brijesh and Sudha caused death of her step mother Geeta Devi and in order to make the evidence disappear, they along with applicant as well as her husband gone to throw away the body of deceased; that the applicant has not been assigned with the role of causing death of deceased and even in view of the statement of Tara Devi, he has been assigned only with the role of offence under section 201 IPC; that the applicant neither entered into criminal conspiracy with co-accused persons nor committed murder of his wife nor committed any act to make the evidence disappear; that the case of the applicant is distinguishable from other co-accused persons; 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 27.8.2018.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicant has actively participated in making the evidence disappear.
Upon hearing learned counsel and 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 Lal Singh be released on bail in Case Crime No.311 of 2018, under Sections 302, 201, 120-B IPC, P.S. Sainya, 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 :- 26.11.2018 Tamang