Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31923 of 2018 Applicant :- Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavit on behalf of the State, which is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Pintu seeks bail in Case Crime No. 665 of 2017, under Sections 498-A, 304-B IPC and 3/4 D.P.Act, P.S. Tirwa, District- Kannauj.
Learned counsel for the applicant has submitted that applicant is the chachiya dewar of the victim. There are general allegations against the entire family and no specific role has been assigned to the applicant. Learned counsel for the applicant has next submitted that similarly placed co-accused Mulayam Singh, who is also chachiya dewar of the victim, has already been granted bail by this Court in Criminal Misc. Bail Application No. 49972 of 2018 vide order dated 3.1.2019.. Lastly, it is submitted that applicant is in jail since 26.6.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA has vehemently opposed the prayer for bail and has taken the Court through the contents of the dying declaration where the deceased has said that all the family members were involved in setting her afire including the applicant.
Learned counsel for the applicant has submitted that no specific role pouring kerosene oil on the victim has been assigned to the applicant and general blame on the entire family has been alleged.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Pintu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.1.2019 KU