Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26081 of 2019 Applicant :- Rajesh Kumar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Sharma,Gaytri Rajput Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Counter affidavit filed in Court today is taken on record.
Heard learned counsel for the applicants and learned A. G. A. for the State.
Applicants have moved the present bail application seeking bail in Case Crime No. 21 of 2019, under Sections 498A, 304B, 328 I.P.C. and section 3/4 D. P. Act, P.S. Ghiror, District Mainpuri.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicants is that the applicants have been falsely implicated in the present case; applicant no. 1 is the father-in-law and applicant no. 2 is the mother-in-law and both the applicants have no role to play in controversy involved in issue; daughter-in-law has committed suicide in her husband's house; the applicants are living separately at Kanpur, as applicant no. 1 is employed in N.B.C.C. (India) Ltd. at Kanpur; it was the sister-in-law who admitted the deceased in the hospital; cause of death as per the counter filed by the State is the consumption of Aluminium Phosphate and there are no other injury on the body of the deceased; there is no evidence to show that the poison was forcibly induced to the deceased; the accused applicants are in jail since 14.1.2019 and in case they are released on bail, they will not misuse the said liberty.
The bail application has been vehemently opposed by learned A. G. A.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicants Rajesh Kumar and Pushpa Devi involved in the aforesaid case crime number be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 27.11.2019 Kuldeep