Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3262 of 2018 Applicant :- Laxmi Shankar Maurya Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajai Kumar,Kailash Singh Kushwaha,Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Laxmi Shankar Maurya in Case Crime No. 2919 of 2017, under Sections 302, 436 I.P.C., Police Station- Kotwali, District- Jaunpur with the prayer to enlarge him on bail.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 26.10.2017 at 9:00 A.M. someone killed Usha Maurya by cutting her neck with sharp-edged weapon and set the house on fire. Charge-sheet has been submitted against Anju Maurya(Deorani), Ashvani @ Sonu Maurya(nephew) and Laxmi Shanker Maurya(Dewar).
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The deceased is the real sister-in-law (Bhabhi) of the applicant. There was dispute going on between the parties over a will executed by the mother of the applicant. Learned counsel for the applicant states that practically it is a case of no evidence. Except a bald allegation that that the applicant used to fight with deceased, there is no other evidence against the applicant to connect him with the present crime. Lastly, it is submitted that co-accused Smt. Anju Maurya has been enlarged on bail by a coordinate Bench of this Court vide an order dated 05.04.2018 in Criminal Misc. Bail Application No. 2997 of 2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 29.10.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Laxmi Shankar Maurya be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018 Vikas