Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51667 of 2019 Applicant :- Shiv Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Kumar,Pavan Kishore,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No. 109 of 2019, under Sections 306, 201 of I.P.C., Police Station - Kachhwa, District - Mirzapur, during the pendency of trial.
It is argued by learned counsel for the applicant that the applicant is the jeth (brother-in-law) of the deceased. False allegation has been levelled against him in the F.I.R. by father of the deceased that on account of the torture meted out to the deceased by the applicant, she consumed poison. In fact, the deceased had consumed poison because of her differences with her husband because she had stayed over in the night at the place of one Shambhu, which led to a quarrel between the couple. Further, it is pointed out that witness Shambhu himself has stated in his statement before the Investigating Officer that father of the deceased was called by him and the deceased had been taken to Heritage Hospital, Varanasi where it was disclosed that she had died and thereafter, father of the deceased had said that the deceased being wife of Suresh, he should do whatever he likes. Therefore, at the time of death of the deceased, her father himself was present. He has also drawn attention towards the statement of husband Suresh, who has stated that the deceased had told him that she had consumed poison because of the daily quarrel with the applicant and the torture meted out to her. The applicant is lying in prison since 22.07.2019, having no criminal antecedent. If released on bail, he will not misuse its liberty.
Per contra, learned A.G.A. vehemently opposed the prayer for grant of bail.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before this Court deserves to be allowed.
Ordered accordingly.
Let the applicant - Shiv Lal involved in 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 :- 26.11.2019 I. Batabyal