Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41101 of 2018 Applicant :- Pramod Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Singh,Ravi Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated being Devar of the deceased; that as per averments made in F.I.R. the deceased Smt. Vimlesh @ Babli was married to co-accused Praveen Pal in the year 1997 and an attempt to commit her death by electrocution as well as by administering acid were made in the year 2013 and on the fateful day attempt on the life of Smt. Vimlesh @ Babli with the knife was made by the accused persons and when the first informant got knowledge, he visited her in medical college; that the applicant was living separately in a separate house and had no concern with the deceased or her husband and he can have no motive to cause death of his Bhabhi; that nothing incriminating has been recovered from the applicant rather kitchen knife has been recovered from co-accused Praveen Pal, the husband of the deceased; that alleged eye witness has also stated that he saw Praveen Pal causing knife injuries to the deceased and applicant has not been assigned with role of causing any knife injury to the deceased; that the deceased is alleged to have died after two days of the incident due to septicaemia, allegedly on account of ante-mortem knife injuries; that the case of applicant is distinguishable from co- accused Praveen Pal; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 23.4.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Pramod Pal be released on bail in Case Crime No.340 of 2018, under Section 302 I.P.C., P.S. Kankarkhera, District Meerut, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.11.2018 Kpy