Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14948 of 2018 Applicant :- Ramnaresh and Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Singh,Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Amit Kumar Srivastava, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants-Ramnaresh and Pappu in Case Crime No.633 of 2017, under Sections 147 and 306 I.P.C., Police Station Karwi, District- Chitrakoot with the prayer to enlarge them on bail.
The submission of the learned counsel for the applicants is that the applicant no.1 is the Bahnoi of applicant no.2, who is brother-in-law (Jeth) of the deceased. As per admitted case of the prosecution in the F.I.R. there was no demand of dowry. However, there was dispute of partition of joint family property between the brothers. Husband of the deceased has not been made accused in the present case. It is further submitted that initially F.I.R. was lodged under Sections 147, 302 and 34 I.P.C., however, during investigation it was revealed that the deceased had committed suicide for other reasons, the case was converted under Sections 147 and 306 I.P.C. Be that as it may, it is submitted that so far as the applicants are concerned, there was no evidence of any instigation or abetment on their behalf which prompted the deceased to commit suicide. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 23.3.2018, having no criminal history to their credit, deserve to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants-Ramnaresh and Pappu be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 24.4.2018 MN/-