Heard over bail application moved by accused-applicant, Sarvan Alias Dadhi Sonkar, in Case Crime No. 425 of 2020, under Sections-304 and 201 I.P.C., Police Station-Ranipur, District-Mau.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 07.12.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Deceased was married 20 years back; she died owing to ailment; last rituals were performed then after this report was got lodged against each family members of husband; applicant is 'Dewar' having no concern with the affairs of the deceased or her husband; post mortem report reveals that cause of death could not be ascertained and nothing was there as an assault ante mortem over deceased; it is a false implication. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, it is apparent that prior to lodging of the first information report, the dead body was said to be disposed off i.e. funeral ceremony was performed; deceased was married 20 years back; nothing in post mortem report is there for inflicting any assault; applicant is of no criminal antecedent; he is languishing in jail since 07.12.2020; he is 'Dewar'.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Sarvan Alias Dadhi Sonkar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 18.8.2021 Deepak/