Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22994 of 2019 Applicant :- Raghvendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Singh,Sushil Kumar Dubey 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 on 26.12.2018 by the informant against four accused persons namely, Raghvendra (husband), Smt. Harpyari, Baburam and Ravikant alleging that the marriage of deceased Urmila Devi was solemnized with Raghvendra in the year 2000, they tortured her and on 14.12.2018 they killed her by administering poison. According to postmortem report, cause of death could not be ascertained, viscera was preserved.
It is submitted by learned counsel for the applicant that applicant is the husband of deceased. 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. F.I.R. was lodged for the offence under Section 302 IPC and charge sheet has been submitted under Section 306 IPC. Offences levelled against the applicant are not attracted in the present matter. No role of abetment of suicide is made out against the applicant. Deceased has committed suicide herself after seven years of her marriage. Presumption under Section 113-B would not lied against the applicant. He is languishing in jail since 14.1.2019 (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 Raghvendra Singh involved in Case Crime No. 347 of 2018, under Sections 306, 323, 504 IPC, P.S. Bela, District Auraiya 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 :- 31.5.2019 A. Singh