Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35301 of 2019 Applicant :- Lalta Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant Lalta Yadav with the prayer to release him on bail in Case Crime No.57 of 2019 under Section 306 IPC Police Station Babhni, District Sonbhadra during the pendency of the trial.
An FIR has been lodged by the informant Vindeshwar Yadav alleging that the marriage of his daughter Geeta was solemnized with the applicant Lalta Yadav about eight years ago. On 03.04.2019 at about 9.00 pm the applicant in an intoxicated state assaulted her daughter Geeta and thereafter poured kerosene oil on her and set her daughter Geeta and her two years son Alok on fire. Son has died on the spot whereas his daughter was taken to the hospital and during treatment she scummed to her injuries.
The submission of the learned counsel for the applicant is that the deceased on account of some dispute between husband and wife has set herself on fire alongwith her two year old son. She was immediately taken to the hospital by the applicant himself and thereafter she was taken to Varanasi and got admitted in SPG Hospital, Varanasi where during treatment she died because of burn injury. However, it is submitted that there was no eye witness of the occurrence and the report has been lodged by the father of the deceased falsely against the applicant. Learned counsel for the applicant further submitted that the applicant is an innocent person and has been falsely implicated in the present case. The applicant is languishing in jail since 09.04.2019 with no previous criminal history. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned AGA has opposed the prayer for bail and submits that there was direct allegation against the applicant.
Without entering into merit of the case but considering the facts and circumstances of the case as well as the fact that the occurrence took place after seven years of marriage and the applicant has himself taken the deceased to the hospital for treatment. Prima facie, in my opinion, a case for grant of bail is made out.
Accordingly, bail application is allowed.
Let the applicant- Lalta Yadav involved in Case Crime No.57 of 2019 under Section 306 IPC Police Station Babhni, District Sonbhadra 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 subject to following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will 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 N Tiwari