Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29224 of 2019 Applicant :- Panchami Ram And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Shukla,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- 1. Panchami Ram and 2. Laxmi, who are involved in case crime no. 06 of 2019 under Section 498A, 304B, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Pakari, District- Ballia.
Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in the case being father-in-law and mother-in-law of the deceased; that the FIR has been lodged after thee days of unexplained delay from the date of alleged incident; that in the post mortem report doctor has opined that there is no sign of ante- mortem injury on the body of the deceased; that the deceased committed suicide after writing suicidal note in which she has not blamed anyone and being fade up with her illness committed suicide. It is lastly contended that the accused applicant is languishing in jail since 17.4.2019.
Learned A.G.A has opposed the prayer for bail. However dying declaration of the deceased has not disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on 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 shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019//Fhd.