Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2531 of 2019 Applicant :- Sanju Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Chand,Dushyant Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 19.01.2019.
Supplementary affidavit filed today is taken on record. Sri Vijay Bahadur, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, Sri P.K. Srivastava, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 28.9.2018 after four days of the incident against four accused persons, namely, Ram Kishore, Sanju, Omveer and Omprakash @ Lalla alleging that on 24.9.2018 brother-in-law of the deceased Chandrabhan had kidnapped the daughter of Ram Kishore due to that enmity they killed Chandrabhan. He died. Cause of death was found asphyxia due to strangulation. F.I.R. was lodged by the brother of the deceased.
Learned counsel for the applicant submitted that F.I.R. was lodged after four days of the incident only on the basis of suspicion with due legal consultation and after thought; according to inquest (Panchnama) dead body was found in the room after breaking the wall of the outside of the room and it was impossible to enter any person in the place of incident; it is a case of suicidal; there is no motive against the applicant; if three is any motive against Ram Kishore, the applicant has no concern with Ram Kishore; there is no eye witness account, there is no legal evidence against the applicant; applicant is languishing in jail since 22.10.2018 (about three months) having no criminal history; the statement of wife of the deceased was recorded after two months and two days of the incident; there is no recovery/possession at the pointing of the applicant; there is no injury on the body of the deceased except strangulation mark on neck; there is no independent witness 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 the applicant Sanju involved in Case Crime No. 194 of 2018, under Section 302 IPC, Police Station-Palimukimpur, District-Aligarh 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 :- 21.1.2019 OP