Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30744 of 2019 Applicant :- Maharaj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, FIR was lodged on 19.8.2017 against five persons namely, Mohar Singh, Smt. Nilam, Gurudayal, Maharaj Singh and Smt. Suman alleging that marriage of Archana (daughter complainant) was solemnized with Mohar Singh before fifteen years back from the date of incident and everything was alright but on 28.3.2017 Archana was killed by setting her on fire due to illegal relationship developed later on, between Mohar Singh and Smt. Nilam.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 14.1.2019 (more than six and half months) having no criminal history. He has been falsely implicated. Initially the applicant was named in the FIR and after investigation, closure report/final report was submitted in favour of the applicant with other co- accused. Later on, on the statement of P.W.1 Mehar Jyoti (daughter of deceased), P.W.3 & P.W.4, accused Smt. Nilam, Smt. Suman, Gurudayal and Maharaj Singh were summoned vide order dated 19.12.2018 by Additional District & Sessions Judge(FTC), Jalaun at Orai under section 319 Cr.P.C. without giving opportunity of cross-examination as well as hearing. Even then, charge-sheeted accused Mohar Singh has been acquitted vide judgment & order dated 23.2.2019 by Additional District & Sessions Judge(FTC), Jalaun at Orai in Sessions Trial No. 185 of 2017. Co-accused namely Smt. Nilam has already been granted bail by this Court vide order dated 24.7.2019 in Criminal Misc. Bail Application No. 7721 of 2019, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail. In case applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Maharaj Singh involved in Session Trial No.185 of 2017 arising out of Case Crime No.148 of 2017, under Section 302/34 IPC, Police Station Aata, District Jalaun be released on bail on furnishing a personal bond and 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 evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2019 A. Singh