Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40270 of 2019 Applicant :- Mahavir Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldip Singh Yadav,Shashank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons namely, Sher Singh (husband), Mahaveer Singh (father-in-law), Sridevi (mother-in-law), Hira Singh (brother-in-law), Gavar Singh (brother-in-law) and Pinki Devi (sister-in-law) alleging that the marriage of deceased Rubi was solemnized with Sher Singh before 8-9 years, they tortured her and on 14.5.2019 they killed her and cremated the dead body without informing the complainant. During investigation, statement of Sumit aged about seven years, son of deceased was recorded, he stated that mother (deceased) committed suicide herself and father & uncle cremated the dead body.
It is submitted by learned counsel for the applicant that applicant is the father-in-law of deceased. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. Applicant has no concern with deceased and her husband. He is living separately. Deceased has committed suicide herself, reasons better known to her. He is languishing in jail since 5.8.2019 (more than one and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Mahavir Singh involved in Case Crime No.
86 of 2019, under Sections 147, 302, 201 IPC, Police Station Makkhanpur, District Firozabad 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 :- 27.9.2019 A. Singh