Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18369 of 2019 Applicant :- Prakash Chand Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhai Kumar Singh,Awadhesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against two accused persons namely, Prakash Chand and Madanram alleging that the marriage of deceased Reeta Devi was solemnized with Prakash Chand (applicant) in the year 2010, they tortured her and on 11.11.2018 they killed her by administering poison. According to postmortem report, cause of death could not be ascertained and viscera was preserved and some injuries were found on the body of deceased.
It is submitted by learned counsel for the applicant that applicant is husband of deceased. Deceased was died after seven years of her marriage. Presumption under Section 113-B of Evidence Act will not lie against the applicant. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. Applicant was not present at the time of incident. Her one and half years boy child was died, hence due to depression, she committed suicide. On one hand, he lost his wife and on another hand he is languishing in jail. He is languishing in jail since 13.11.2018 (more than four and half 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 the applicant Prakash Chand involved in Case Crime No. 857 of 2018, under Section 306 IPC, P.S. Khoda, District Ghaziabad 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 :- 30.4.2019 A. Singh