Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2864 of 2019 Applicant :- Prembabu @ Prem Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged with the delay of twenty days. There is no satisfactory explanation of this delay in lodging the FIR. In first information report it has been mentioned that on 17.10.2016 at 9-30 P. M. the applicant and other co-accused took away the deceased on the pretext for treatment of wife of co-accused Chandela. Thereafter, the dead body of the deceased was found in the Rasin dam on 19.10.2016. It has further been submitted that at the time of the postmortem no mark of external injury has been found on the body of the deceased. The wife of the deceased has moved an application for insurance claim with regard to the death of her husband. In that application it has been mentioned that the deceased died due to drowning in Rasin dam. Five lac rupees was granted to the wife of deceased due to accidental death of the deceased. It has further been submitted that except the last seen there is no other cogent evidence against the applicant. The applicant has not committed the alleged offence. The applicant has falsely been implicated in the present case only on the basis of suspicion. No incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 17.11.2018.
Per contra, learned A.G.A opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Prembabu @ Prem Chandra involved in Case Crime No. 991 of 2016, under Sections 302, 201 IPC, P.S. Karvi, District Chitrakoot be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 22.1.2019 A.