Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3630 of 2019 Applicant :- Pushpendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur,Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned AGA today in the Court is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated being husband of deceased; that as per averments made in F.I.R. marriage between deceased and applicant did take place about 10 years back and one day before her death on 24.9.2018, deceased called her father reporting that her husband and in-laws are committing marpeet with her, but later on her mobile went switched off and on 25.9.2018 it came to knowledge of first informant that his daughter was murdered and her body was put to funeral without informing him; that entire prosecution story is absolutely false and incorrect; that deceased was blessed with as many as three children; that mere fact that after a quarrel between applicant and his wife over meals, deceased consumed some poisonous substance and when her condition deteriorated, applicant immediately rushed with her to Heritage Hospital, Agra and when she did not improve considerably he got her discharged for better treatment at Delhi, but her life could not be saved; that there is nothing on record to show that applicant ever caused any abetment to deceased for committing suicide; that no offence under section 306 IPC is made out against applicant; that applicant has not made any evidence disappear and at the most, he may be held guilty of offence under section 201 IPC for putting body of his wife to funeral without postmortem; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 28.9.2018.
Learned A.G.A. vehemently opposed the prayer of bail and contended that death of deceased was caused by applicant and other family members and in order to conceal their guilt and making evidence disappear, they very swiftly put her body to funeral without informing police or parents of deceased; that applicant is liable for murder of his wife.
Upon hearing learned counsel and 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 Pushpendra be released on bail in Case Crime No.591 of 2018, under Sections 306, 201 I.P.C., P.S. Sadabad, District Hathras 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 :- 26.2.2019 Tamang