Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8282 of 2019 Applicant :- Manvendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated in the FIR being brother of deceased; that as per averments made in FIR lodged under Section 302, IPC on 22.1.2018 following dispute over partition/division of ancestral gold, silver jewellery amongst deceased, his brothers, mother and chacha, applicant and co-accused persons committed maarpeet with Mohan Singh and threatened him of life and for usurping ancestral gold and silver ornaments they have caused his death; that postmortem of deceased states that cause of death could not be ascertained and as per viscera report, filed at Annexure S.A.-5, Almunium Phosphide poison was found in parts of his viscera; that Smt. Kamlesh, wife of deceased, in her statement under Section 161, Cr.P.C. has stated that there was quarrel between her husband Mohan Singh and his brothers, mother and uncle and in a rage of anger her husband entered into room, bolted it from inside and did not respond despite repeated knocks and later on when door was opened, he was found unconscious on his bed and upon taking to hospital he was reported to have died; that deceased was short tempered person and due to property dispute in respect with division of ancestral ornaments deceased appears to have consumed sulphas tablets or some other poisonous substance for committing suicide; that it is wrong to say that applicant committed any maarpeet with deceased or caused any injuries to him; that applicant neither abeted nor instigated deceased for committing suicide; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 11.11.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Manvendra be released on bail in Case Crime No. 27 of 2018, under Sections 306, I.P.C., P.S. Refinery, District Mathura, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 he 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 :- 27.2.2019 T. Sinha