Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22014 of 2017 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vinod Kumar Misra,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record of the case.
Learned counsel for the applicant submitted that in the present case FIR has been lodged on 13.8.2016 at 14.45 p.m. by Dharamveer, who is the brother of the deceased, Babita. In the FIR, on the basis of information through phone, names of Sundar and Rahul have been mentioned as persons causing the death of Babita. Complainant himself is not the eye-witness of the incident. Later on, after twenty days, on 2.9.2016 statement of Vinod Kumar, who is the husband of the deceased has been recorded by the Investigating Officer and Vinod Kumar is implicating the present applicant for the commission of crime, as he was found having a scissor in his hand and his hands were smearing in blood and he was also having the Dupatta of his wife.
Per contra, learned A.G.A. opposed the application for bail.
It is very strange, why the husband of the deceased Vinod Kumar did not divulge all these facts, which he narrated in his statement recorded under Section 161 Cr.P.C. on 2.9.2016 after twenty days of the incident earlier, and why he did not lodge the FIR Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Rahul involved in Case Crime No. 748 of 2016, under Section302 IPC, P.S. Baghpat, District Baghpat be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2017 Sumaira