Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34413 of 2019 Applicant :- Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Manas Bhargava, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 17.1.2019 some unknown persons killed Meena (wife of complainant) and dead body was found in field of sarso crop. According to postmortem report, cause of death was found strangulation and hyoid bone was found fractured. During investigation, names of Pintu and Shivratan were surfaced and it was found that there was illicit relation between deceased and co-accused Shivratan due to which he killed her.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. Main role of assault and motive are against co- accused Shivratan. The case of applicant is not distinguishable from co-accused Shivratan. Nothing was recovered from the possession of applicant. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation on the basis of suspicion. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 21.1.2019 (more than seven months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Pintu involved in Case Crime No. 48 of 2019, under Sections 302, 201 IPC, Police Station Kotwali, District Fatehpur 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 :- 26.8.2019 A. Singh