Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34388 of 2019 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Manas Bhargava, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 2.10.2018 against two accused persons, namely Ravi and Sunita alleging that (date & time of incident was not mentioned in the F.I.R.) they killed Naresh (brother of complainant) at night on 2.10.2018. During investigation, it was found that there was illicit relation between Ravi and Sunita (wife of deceased) due to which they killed him. According to postmortem report, cause of death was found strangulation and hyoid bone was found NAD. One rope (rassi) was recovered at the joint pointing out of them.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to postmortem report, hyoid bone was found NAD. Deceased has committed suicide himself, reasons better known to him. So-called recovery was falsely planted by the police to show his good work. There is no independent witness and no legal evidence against the applicant except the confessional statement of applicant and co-accused before the police personnels. There is no possibility to get this case decided in short period in future due to heavy workload in trial court. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 4.10.2018 (more than ten and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Ravi involved in Case Crime No. 721 of 2018, under Section 302 IPC, Police Station Jhinjhana, District Shamli 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 :- 26.8.2019 A. Singh