Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53851 of 2021 Applicant :- Maiku @ Ram Narayan Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Birendra Singh, learned counsel for the applicant and Sri Janardhan Prakash, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Maiku @ Ram Narayan, with a prayer to release him on bail in Case Crime No. -81 of 2021, under Section -306 I.P.C., Police Station -Pahadi, District -Chitrakoot, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 05.07.2021, the applicant is in confinement since 09.07.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the marriage between the applicant and the deceased was fifteen years old. There was no earlier complaint of cruelty or demand of dowry etc. There are two children born from the marriage. Deceased committed suicide by hanging. There are no ante mortem injuries noted in the post mortem report and there is no credible material collected during investigation to indicate that the applicant had committed any positive act or provoked the deceased to commit suicide.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2021 S.Chaurasia