Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8376 of 2019 Applicant :- Moti Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely, Motilal, Hiralal, Nisha, Dayashanker and Kalawati alleging that Tara Devi daughter of the complainant was married with Motilal in the year 2007and on 11.6.2018 for demand of dowry with conspiracy of the husband they killed her. Hiralal had thrown kerosene and set a fire by match on her. Tara Devi and one son had received burn injuries and she died.
Learned counsel for the applicant submitted that co-accused Neha @ Nisha, Daya Shankar and Kalawati have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 25.9.2018 and 4.1.2019 in Criminal Misc. Bail Application Nos. 35944 of 2018 and 60 of 2019 and the case of the applicant is identical to the case of co-accused, who have been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity.
Learned counsel for the applicant further submitted that at the time of incident the applicant was in Bombay and after the incident he came from Bombay and according to F.I.R., the role of the applicant was of conspiracy only. Main role has been assigned against Hiralal only. The applicant is living in Bombay nothing has been done by him. There is no allegation against the applicant. Due to husband he has been falsely implicated. The applicant is languishing in jail since 9.10.2018 (more than five months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also admitted that the case of the present applicant is identical to the case of co-accused Neha @ Nisha, Daya Shankar and Kalawati, who have been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Moti Lal involved in Case Crime No. 127 of 2018, under Section 498-A, 302, 326 and 120-B IPC, Police Station-Buxa, District-Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 26.2.2019 OP