Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42005 of 2018 Applicant :- Munnu Alias Bahoran Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against Mohan Ram, Uncle of Mohan Ram and Smt. Santoshi alleging that Swati (sister of complainant) was in love of Mohan Ram; both married each other in a temple on 2.7.2017; Mohan Ram was already married; his first wife Santoshi got annoyed and quarrel started in their family; on 1.8.2017 uncle of Mohan Ram poured kerosene oil on Swati and Santoshi set her ablaze. Swati received burn injuries and died.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 16.3.2018(more than eleven months) having no criminal history. He has been falsely implicated. He is not uncle of Mohan Ram. Name of grandfather of Mohan Ram is Neksey Lal and name of father of applicant is Sundar. Hence he is not uncle of Mohan Ram. He has been falsely roped in the case. He further contended that an application was moved by Sandeepa(complainant) before the Superintendent of Police, Shahjahanpur stating that Durvijay, uncle of Mohan Ram threw kerosene oil on her sister and set her ablaze. Subsequently, she deposed on an affidavit that Durvijay, uncle of Mohan Ram was main accused and only he committed the crime, and Ram Bahoran, Tau of Mohan Ram was not indulged in the crime. Hence, there is no legal evidence against the applicant. There is neither any eye- witness account nor any independent witness. Main allegations are against Mohan Ram and his wife. There is no independent witness. There is no possibility to get this case decided in near future. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Munnu alias Bahoran involved in Case Crime No.836 of 2017, under Section 302, 120-B, 495, 496, 342 IPC, Police Station Mirzapur, District Shahjahanpur 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 :- 27.2.2019 P.P.