Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29394 of 2021 Applicant :- Pappu @ Kamal Singh Kushwaha Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.0333 of 2020, under Sections 147, 323, 504, 506, 498A, 304 B IPC and 3/4 D.P. Act, Police Station- Talbehat, District- Lalitpur, during the pendency of trial.
It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It has been argued by the learned counsel for the applicant that applicant is father-in-law of deceased and that he has not committed any offence. It has been submitted that incident took place on 20.06.2020 and deceased died on 21.06.2020 after that no complaint was made to the police. It has been submitted that after more than one month, an application was sent to Superintendent of Police on 31.07.2020 by the informant and thereafter an application was filed on 04.08.2020 under Section 156 (3) Cr.P.C. before the Court and in pursuance of the order of Court, this case was registered on 08.12.2020. Learned counsel submitted that long and undue delay in making complaint creates a serious doubt about the authenticity of the prosecution version. It has been submitted that there may have been some dispute between deceased and her husband, due to which, she committed suicide by consuming some insecticide. It was also stated that only general allegations of dowry demand and harassment have been levelled against the applicant and no specific role has been assigned to applicant. It is next submitted that similarly placed co-accused Smt. Sona @ Sovani, who is mother-in-law, has already been granted bail by Coordinate Bench of this Court vide order dated 27.07.2021 passed in Criminal Misc. Bail Application No.13291 of 2021 and on the ground of parity, the applicant is also entitled to be released on bail. The applicant has no criminal history to his credit and is languishing in jail since 01.01.2021. Lastly, it is submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but conceded on the point that similarly placed aforesaid co-accused has already been enlarged on bail by this Court.
I have considered the submissions of the parties and the fact that the aforesaid similarly placed co-accused has already been enlarged on bail by the Coordinate Bench of this Court.
Keeping in view the nature of offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits of the case, let the applicant Pappu @ Kamal Singh Kushwaha be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.8.2021/pks