Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37919 of 2018 Applicant :- Munna Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Krishna Gopal, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Munna in Case Crime No.226 of 2018, under Sections 302, 328 and 120-B I.P.C., Police Station Qila, District-Bareilly with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that initially an information was given by the wife of the deceased that her husband after consuming excessive liquor has expired on 15.04.2018. On the next day of the information, the inquest was conducted and cadaver was sent for post mortem examination. In the post mortem report, no external injury was noted by the doctor. As the cause of death could not be ascertained, the viscera was preserved and in the viscera report Ethyl Alcohol has been detected. It is stated that after two months of the incident, the mother of the deceased lodged an F.I.R. stating therein that wife of the deceased had illicit relations with the applicant and they were pressurizing the deceased to enter into an agreement for sale of his property, on account of which he was administered some poisonous substance in the liquor which was disclosed by the deceased to her on that very day itself. Learned counsel for the applicant states that inordinate delay in lodging of the F.I.R. speaks volumes of concoction and fabrication. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 12.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Munna be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.10.2018 MN/-