Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15045 of 2018 Applicant :- Ravindra Nath Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Sunil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Rajiv Lochan Shukla, Advocate assisted by Sri Sunil Kumar Pandey, learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged by Ravindra Nath Verma (father of deceased) against unknown person alleging that on 29.10.2017 at 4.30 a.m. unknown person killed his daughter Shivani (deceased), she received one incised wound on her neck. During investigation, it was found that she loved with Gaurav and at the time of incident, Gaurav was present there. The applicant killed Shivani (deceased). It is a case of honour killing.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to previous enmity of police personnel. Offences levelled against the applicant are not attracted in the present case. Applicant was not named in the F.I.R. On the basis of suspicion, applicant has been falsely implicated by police personnel. It is further submitted that due to illicit relation between Gaurav and deceased, Gaurav killed Shivani. He is languishing in jail since 30.10.2017 (more than five and half month) 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. On the basis of the statement of Gaurav, father (applicant) of deceased has been roped in this crime. Firstly, he has lost her daughter and secondly he has been sent to jail.
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 the applicant Ravindra Nath Verma involved in Case Crime No. 881 of 2017, under Section 302 IPC, Police Station Sadar Bazar, District Agra 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 :- 24.4.2018 A. Singh