Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17466 of 2019 Applicant :- Naveen Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Singh,B.N.Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The first information report of the alleged incident has been lodged after 9 days of the alleged incident. As per averment made in the first information report, the applicant and his father Siyaram dragged the deceased Ram Khelawan from road and took away him behind their house and have forcibly administered some poisonous substance to him. On alarm raised by the deceased, he was left. Ram Khelawan informed this fact to his Mama on phone. The deceased was admitted in Hallet hospital Kanpur and from there the deceased was taken away to Kanpur City hospital, Kalyanpur where he died during treatment. It was also mentioned in first information report that while administering poison to the deceased, the applicant and his father told Ram Khelawan ( deceased) that his friend Ankit has enticed away the applicant's sister and despite having such knowledge, he did not inform him, so he is being killed. This fact was told by the deceased to his Mama Hanumant Singh on the way to hospital. Learned counsel for the applicant further submitted that the entire story is absolutely incorrect and highly improbable. The deceased was admitted in the hospital as a case of consuming poison which shows that the deceased would have consumed poison on his own. At the time of post-mortem no ante-mortem injury has been found on the body of the deceased. The applicant has not committed the alleged offence. This is a case of circumstantial evidence. The chain of circumstance is not complete. The co-accused Siyaram having identical role has already been released on bail by another bench of this court vide order dated 10.12.2018 in Cr. Misc. Bail Application No. 43410 of 2018, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 10.8.2018.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused Siyaram having identical role has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Naveen involved in Case Crime No.472 of 2016, under Section 302 IPC Police Station Ghatampur District Kanpur Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.4.2019 Gss