Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18417 of 2018 Applicant :- Renu @ Reenu Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Renu @ Reenu with a prayer to release him on bail in Case Crime No. 798 of 2014, under Sections 364, 366, 302 IPC, Police Station Chhibramau, District- Kannauj, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that marriage of Dhanvanti was to be solemnized with applicant and for this purpose her sister and informant informed her mother, father and brother on 10.3.2014.Dhanvanti was cousin of informant and residing with her at Nigoha District Kannauj.While she was waiting for her parents and brother to come, Dhanvanti eloped with applicant and has not been found till date.Earlier dead body of the women aged about 25-30 years was recovered by the police in District Dausa , Rajasthan in the month of December 2013 and applicant was implicated alleging that the aforesaid recovered dead body was of Dhanvanti, who has eloped with the applicant in the month of March, 2014.
Learned counsel for the applicant submitted that once in the First Information Report itself it is admitted that marriage of Dhanvanti was to be performed with applicant on 10.3.2014, and information to this effect was sent by her parents and brother recovery of dead body of a women in the month of December 2013 cannot be connected to the present case. Dhanvanti was alive upto March, 2014. The applicant is languishing in jail since 19.2.2016, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Renu @ Reenu involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.8.2019 Atul kr. sri.