Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34349 of 2021 Applicant :- Monu And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Nagendra Pratap Singh,Mahipal Singh Counsel for Opposite Party :- G.A.,Sandeep Kumar Singh
Hon'ble Raj Beer Singh,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicants, learned counsel for first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 121 of 2021 under Sections 302, 328, 120-B IPC, police station Mandawali, District Bijnor with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicants that the accused-applicants are innocent and they have been falsely implicated in this case. The FIR was lodged against five accused persons including applicants, wherein specific allegations was made against co-accused Jay Prakash that he has administered some poison in the food (rice) of deceased, who was recently elected as pradhan of village. Learned counsel for applicants submitted that no specific role has been assigned to applicants. It has further been submitted that as per postmortem report, cause of death of deceased has been found myocardial infraction and thus it is apparent that deceased has died due to heart failure and not of any poison. In this connection, it has also been pointed out that viscera of deceased was preserved and as per report of viscera, no poison has been found in the body of deceased. It has been pointed out that in view of viscera and postmortem report, it is apparent that prosecution version that deceased was administered poison stands demolished and even otherwise, the role of administering poison was attributed to co-accused Jai Prakash. It was submitted that similarly placed co-accused Chet Ram has already been granted bail by co-ordinate Bench of this Court vide order dated 15.12.2021 passed in Criminal Misc. Bail Application No. 34149 of 2021. It has further been submitted that applicant are in judicial custody since 13.07.2021, having no criminal history and in case, applicants are enlarged on bail, the applicants will not misuse the liberty of bail.
Learned A.G.A. and learned counsel for first informant have opposed the prayer for bail. Learned counsel for the first informant submitted that wife of applicant no. 1 was defeated in election by deceased and thereafter applicant no. 1 has threatened that he would not allow the deceased to work as a pradhan. However, it could not be disputed that in postmortem report, cause of death has been shown myocardial infraction and in viscera, no poison has been found.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicants Monu and Jay Chand involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 17.12.2021 Deepak