Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46534 of 2021 Applicant :- Mukesh Opposite Party :- State of U.P.
Counsel for Applicant :- Bipin Kumar,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Facts in brief are that on 22.02.2021 applicant caused injuries to his wife alongwith other members of his family on account of that she died. Information in this regard was given to the father of deceased that deceased being thrown by the buffalo, fell down and sustained injuries, as a result she died. F.I.R. was lodged u/s 304, 498A readwith 34 I.P.C. During investigation, the matter has been converted u/s 302 I.P.C. against all the accused persons including this applicant.
It is submitted that applicant is innocent and has been falsely implicated in this case. He has committed no offence and no any injury has been caused by him. Deceased was in the gaushala on the date of incident and she was serving food to cattle and meanwhile she received injury on which Mukesh informed the police and took her to hospital but on the way she succumbed to injuries. There is no any evidence against the applicant to have caused injuries on the person of his wife. It is further submitted that son of the deceased Shyambabu @ Arpit has made statement that at the time of incident he went to gaushala where he found that his father was in anger and was stating that Shivrati @ Sursati and his brother Indrasan have murdered the deceased. In this way, the whole prosecution story becomes suspicious and unreliable. There may be no any other reliable witness than the son of the deceased Shyambabu @ Arpit who has not made accusation on the applicant. It is also submitted that co-accused Indrajeet, Indrasan & Shivrati @ Sursati have already been enlarged on bail by co-ordinate Benches of this Court in Criminal Misc. Bail Application No.33863 of 2021, 34206 of 2021 & 38172 of 2021 respectively. The case of this applicant also stands on similar footing to that of the aforesaid co-accused persons. The applicant is languishing in jail since 27.02.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, nature of the evidence on record, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused persons have already been enlarged on bail by the co-ordinate Bench of this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mukesh involved in Case Crime No.51 of 2021, under Sections 498A, 302/34 I.P.C., Police Station Chakiya, District Chandauli, be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.12.2021 Ashok Gupta