Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20960 of 2017 Applicant :- Rajesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Nasiruzzaman,Mahesh Kumar Kuntal Counsel for Opposite Party :- G.A.,Garun Pal Singh
Hon'ble J.J. Munir,J.
Heard Sri Mahesh Kumar Kuntal, learned counsel for the applicant and Sri Saqib Meezan, learned AGA for State.
This is an application for bail made on behalf of Rajesh in Case Crime No.761 of 2016, under Sections 498, 328, 302 I.P.C. P.S. Vrindavan, District-Mathura.
The submission of the learned counsel for the applicant is that it is a case based entirely on circumstantial evidence; that the circumstances against the applicant fall far short of proving even remotely the case of murder; that the circumstances appearing against the applicant are those of last seen where the applicant was allegedly seen to leave her home in the night hours on a motorcycle with the applicant which shows an initial consent on her part to go alongwith the applicant; that thereafter there is evidence of the applicant and the deceased checking into a hotel where the applicant represented the deceased to be his wife and the deceased signed the check-in form as his wife; that thereafter she left the hotel together with the applicant; that the deceased and the applicant went to the applicant's house where it appears that the deceased for whatever reasons, may be remorse or embarrassment consumed poison which led the applicant to rush her to hospital and the applicant's father to report the matter to the police in respect of which there is on record a report of the police bearing GD No. 15 dated 4.11.2016 relating to P.S. New Agra District-Agra; that in the submission of the learned counsel for the applicant that the aforesaid circumstances put together not even remotely complete the chain of circumstances to implicate the applicant; that the applicant is a young man; and that the applicant is a respectable man with no criminal history who is in jail in connection with the present crime since 10.11.2016.
Learned AGA opposed the plea for bail with the submission that the chain of circumstances is complete; that in the submission of the learned AGA burden under Section 106 of the Evidence Act lies on the applicant to show and demonstrate the circumstances leading to the deceased passing away are consistent with his innocence as her death was certainly unnatural.
Be that as it may, considering the overall circumstances, the nature of allegation, the gravity of offence, the circumstances appearing against the applicant it does not appear prima facie to be a case where it can be said that requisite degree of burden is placed on the shoulders of the applicant which unrebutted at this stage his guilt is prima facie discernible, and, therefore without expressing any opinion on merits, this court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sri Rajesh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.3.2018 S. Thakur