Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2817 of 2019 Applicant :- Ramesh Kannaujiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated as a matter of after thought in highly belated F.I.R. lodged on 12.10.2017 after two days of recovery of body of deceased; that on 10.10.2017 one Lav informed the Police Station that an abandoned dead body of a lady is lying in South Lohgara Bazar, 200 meters away from Bara Shankargadh Road in the land of Forest Department; that on 11.10.2017 first informant alongwith his sister Arti made an application to P.S. concerned that upon getting information of recovery of dead body of a lady, from whom Aadhar Card of the name of Ram Kali Saket, resident of Kahlu Gate Sidhi M.P. has been recovered, they have come and identified the dead body by her cloths to be of their mother; that thereafter on 12.10.2017 at 7:30 P.M. the first informant lodged F.I.R. against his steps father Ramesh Kannaujiya, applicant with false and concocted story, that after death of her husband Ram Kali deceased had made marriage with applicant in the year 2013 and applicant had enticed away one more lady on account of which there used to be quarrel between Ram Kali and applicant who taken her to Manoj and one Baba of Jhunsi after which dead body of his mother was recovered; that similar statement was made by first informant under Section 161 Cr.P.C. and statement of sister of first informant and one Ram Kripal were recorded on 7.9.2018 after a period of 11 months from the recovery of dead body wherein they made a false story about marriage between the applicant and deceased and putting finger of doubt against applicant for committing her murder; that applicant had no motive to cause death of deceased; that nothing incriminating has been recovered from applicant; that in this case based on circumstantial evidence there is no incriminating evidence against applicant; that applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 5.9.2018.
Learned A.G.A. has vehemently opposed the prayer of bail and contended that call details shows that deceased used to talks with applicant as well as Jitendra.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Ramesh Kannaujiya be released on bail in Case Crime No. 245 of 2017, under Section 302 I.P.C., P.S. Bara, District Allahabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.1.2019 Md Faisal