Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15592 of 2018 Applicant :- Mahendra Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against four named and three unknown persons, namely, Somveer, Mahendra Singh, Ramwati and Sonu alleging that Shiv Kumari was married with Somveer before one and half year; the incident took place on the night of 8/9.02.2017 the dead body of the deceased was found near Murari Lal Inter College in hanging position alleging that she was killed by strangulation to show suicide.
Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case; the applicants are mother-in-law and father-in-law; except strangulation no other injuries were found on the body of the deceased and ligature marks shows that this is the case of suicidal; the applicants have no concerned with this incident; the dead body of the deceased was not found in the house of the applicants; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; they are languishing in jail since 09.02.2017 (more than one year and two months); having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against these accused.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicants Mahendra Singh and Smt. Ramwati involved in the Case Crime No.55 of 2017, under Sections 498A, 304B, 302/34, 107, 108 I.P.C and Section 3/4 D.P. Act, P.S. Dauki, District Agra be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants 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 :- 26.4.2018 A. Tripathi