Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12808 of 2018 Applicant :- Smt. Seema Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Alok Kumar Singh And Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13420 of 2018 Applicant :- Ashok @ Titu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Alok Kumar Singh
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Kumar Srivastava, learned counsel for the applicants, Sri Alok Kumar Singh, counsel for the informant, learned A.G.A. and perused the record.
The aforesaid bail applications have been filed by the applicants arising out of same Case Crime No. 11 of 2018, u/s 306 IPC, P.S. Babugarh, District Hapur with the prayer for enlarging them on bail. Therefore, both are being disposed of by a common order.
It is submitted by learned counsel for the applicants that the applicant Smt. Seema is the wife of the applicant Ashok @ Titu and they have been falsely implicated by the first informant in the present case. It has been argued that an information was given by the first informant Amarpal at P.S. Babugarh on 11.1.2018 at 5.20 pm and the same was recorded in G.D. no. 46 in which it is recorded that the first informant has submitted a written report that his son Ankit aged about 21 years had committed suicide by hanging. It is further argued that the first informant then lodged another complaint on 12.1.2018 which came to be registered as an F.I.R on the same day at 6.02 pm. In this report he alleged that on 11.1.2018 at about 1.00 am the applicant along with two unknown persons have murdered his son Ankit by tightening noose around the neck of his son on account of which he died. It is further stated that when his elder son Sachin came home to have lunch he saw the applicant and two unknown accused running away after scaling the wall. Learned counsel submitted that the version setup nominating the applicants in the subsequent report is concocted and after thought one. It has been argued that from the side of the applicants also an F.I.R has been lodged and applicant Seema had also sustained some injuries by sharp cutting weapon. It is also argued that after investigation charge-sheet has been submitted against the applicants u/s 306 IPC only and the prosecution version of murder has been dropped.
Per contra learned A.G.A. and counsel for the informant have opposed the prayer for bail and submitted that the applicants are main culprits. Besides the ligature mark there is an opinion of the doctor that the deceased died on account of asphyxia due to ante mortem hanging.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicants are entitled to be released on bail.
Let the applicants Smt. Seema and Ashok @ Titu involved in the aforesaid case crime number be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants will appear before the trial court on the date fixed.
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 Dhirendra/