Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8871 of 2019 Applicant :- Randheer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Tripathi,Anupama Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 3.7.2018 at 15:45 hour against Kamendra, Randheer Singh and Munni(mother-in-law) alleging that Sangeeta was married to Kavendra ten years ago from the date of incident; Kavendra had illicit relationship with his 'bhabhi' and sister of 'bhabhi' and due to that reason and demand of dowry, accused persons used to torture Sangeeta, and on 30.6.2018 they strangulated her.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 24.7.2018(more than seven months) having no criminal history. He is 'jeth' and had no concern with the deceased and his husband. He was living separately. There is neither any eye-witness account nor any independent witness. He has been falsely implicated. FIR has been lodged without explaining delay. It was lodged after thought and with legal consultation. General role is alleged to have been assigned to all the accused. He is not beneficiary of so-called demand of dowry. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to co-accused who has been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Randheer Singh involved in Case Crime No.84 of 2018, under Section 120-B, 201, 302 IPC, Police Station Nagina Dehat, District Bijnor be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2019 P.P.