Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8077 of 2019 Applicant :- Naresh Singh @ Narendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated in the FIR lodged after inordinate delay of 13 days of death of Preeti, daughter of first informant; that Preeti, daughter of first informant committed suicide on 21.5.2018 and her father Bhagirath gave information at P.S. Jakhlaun, District Lalitpur that his married daughter Preeti was suffering from abdominal disorder and gastric trouble and today on 21.5.2018 she committed suicide by hanging herself; that later on, on 4.6.2018 FIR was lodged by Bhagirah with averments that during postmortem of body of deceased a mobile phone was recovered, which was found to be that of applicant and it also came to his knowledge that applicant wanted to keep Preeti in his home as his wife for which preeti was not ready and since applicant was committing atrocities on her, she committed suicide by hanging herself because she was married and applicant was forcibly trying to keep her as his wife; that entire prosecution story is absolutely false, concocted and highly improbable; that under any imagination applicant may not insist a married girl to live with him and moreover alleged mobile phone neither belonged to applicant nor applicant had any connections with Preeti, deceased; that applicant never abeted or instigated Preeti for committing suicide; that there is no incriminating evidence against applicant; that applicant has been falsely implicated due to village partibandi; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 14.9.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Naresh Singh @ Narendra Singh be released on bail in Case Crime No. 67 of 2018, under Sections 306 I.P.C., P.S. Jakhlaun, District Lalitpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.2.2019 T. Sinha