Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47295 of 2019 Applicant :- Rajveer Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 168 of 2019, under Sections 306 I.P.C., Police Station Kotwali, District Pilibhit, during the pendency of trial.
Learned counsel for the applicant contends that accused- applicant has been falsely implicated by informant who is father of the deceased. Voice recording, transcript of which is annexed at page 45 to 47, discloses that deceased was having one sided love affair with the applicant. There was no abetment on his part for deceased to commit suicide. The deceased had committed suicide in her home by hanging herself, which is evident from the post-mortem report annexed at page 29, in which cause of death is recorded to be asphyxia as a result of ante-mortem hanging. Applicant has no previous criminal history. The applicant is languishing in jail since 1.8.2019. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Rajveer Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 A.P. Pandey