Learned counsel for the informant has filed counter affidavit today, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Lalit Goswami in Case Crime No. 59 of 2020, under Section 302 I.P.C., P.S.- Medical, District - Meerut.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission of the learned counsel is that the named F.I.R. was lodged making allegation that the informant was informed by the accused applicant that his son fallen sick and he is vomiting, he informed about this 3-4 times on mobile, thereafter the informant and others, when reached to the Samrat Hotel near Lokpriya Hospital, he found the car of his son, he stopped the car and the accused applicant and other co-accused persons started running away leaving the car there, on the back seat the deceased was found with an injury on his neck. Allegation has been made that the accused persons who used to mentally harass the deceased, committed murder of his son, it has been also alleged that there was a regular dispute between the deceased and his wife. Submission of the learned counsel is that the accused applicant is brother-in-law (Sadhu) of the deceased, who was residing separately. Further submission is that there is no evidence against the accused applicant showing the involvement in the commission of the offence. It has been also submitted that there is no motive available to the accused applicant for committing this offence, nobody has seen the accused applicant. It has been further submitted that deceased committed suicide in the house of Ram Kishore, where he and his wife live, thereafter, the wife took him in this hospital but he could not survive. Submission is that the accused applicant has been falsely implicated because he is relative and there is no role on his part in the commission of the offence. It is further submitted that applicant has no criminal history and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 05.02.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer of bail and have submitted that the accused applicant is the person who first inform about the sickness of the deceased. They have further submitted that the bail application of the wife has already been rejected by co-ordinate Bench of this Court, therefore, it has been submitted that the bail application of the accused applicant deserves to be rejected.
Having heard the submission of learned counsel of both sides, it appears that the case against the accused applicant is totally based on circumstantial evidence and merely on the basis that he has talked about the sickness of the deceased to the informant and the incident had taken place in the house of accused applicant Ram Kishore in which the deceased and his wife were living, the circumstances relied upon is yet to be established during trial, therefore, without commenting on the merits of the case, I find it to be a fit case for bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against the applicant, severity of punishment to be awarded in case of conviction and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Lalit Goswami be released on bail in Case Crime No. 59 of 2020, under Section 302 I.P.C., P.S.- Medical, District - Meerut, 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 :- 22.2.2021 Bhanu