Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Mallu @ Tejbhadur with a prayer to enlarge him on bail in Case Crime No. 258 of 2018, under Sections 376D, 302 I.P.C. and Section 3/4 P.O.C.S.O. Act, Police Station Sarpataha, District Jaunpur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case on the basis of previous enmity. Submission is that the information was given in writing on 12.03.2018 by the informant stating that on 12.03.2018 at about 08:30 P.M. when the informant and his wife came from their shop, they saw that their daughter namely Beauty who was aged about 13 years has hanged herself by her scarf. She was taken to the hospital, where she was declared dead. Further submission is that the informant has lodged a first information report on 31.12.2018, after nine months from the date of incident naming the three accused persons making allegations that the accused-persons are criminal by nature and they entered into the house of the informant and took his daughter behind the house, committed gang rape and thereafter killed her by throttling by her scarf and hanged her on a tree. When the informant came to the house, his elder daughter said that all the three accused persons took the deceased with them. The informant found the deceased hanging on the tree. Thereafter, the informant took her to the doctor, where she was declared dead. It has been submitted that the first information report which was lodged after nine months from the date of incident, is totally against the first version given by the informant in writing stating that his daughter has hanged herself. Subsequently, in view of the postmortem report and with an after thought, the first information report was got registered by the informant. It has further been submitted that the subsequent statement which was given by the informant after lodging of the first information report is an after though and the statement of his elder daughter is also concocted as if it was the case, there was nobody to prevent the informant to lodge the first information report at the initial stage but he gave an application on the same date stating that the deceased has hanged herself by her scarf. The accused-applicant is prepared to furnish the surety and bond and is giving undertaking that he will cooperate in trial. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 23.12.2019, hence, he is entitled to bail.
Learned A.G.A. and learned counsel for the complaint have vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. They have further submitted that after investigation, the police has already filed charge sheet in the matter. However, they cannot give any explanation that why on that very day, different application has been given by the complainant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.2.2021 sailesh