Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17891 of 2019 Applicant :- Shyamveer Opposite Party :- State Of U.P. Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against five persons including the applicant under sections 498A, 304-B IPC and 3/4 D.P. Act. The dying declaration of the deceased was recorded on 12.11.2015. In her dying declaration she has made allegation against her mother-in-law (Smt. Bittoo) that she has set her on fire after pouring kerosene oil. During the investigation this case was converted under 302 IPC against her mother-in-law (Smt. Bittoo). Only the charge sheet has been submitted against co-accused Smt. Bittoo. Thereafter, the applicant has been summoned to face the trial on the basis of an application moved under section 319 Cr.P.C.There is general allegation against the applicant. Deceased in her dying declaration has made allegation against her mother-in-law (Smt. Bittoo) that she has set her on fire after pouring kerosene oil.In the dying declaration of the deceased it has come that her jeth (applicant), jethani and her husband were also present there. It has further been submitted that the applicant is jeth of the deceased. The applicant has no concern with the alleged incident. There was no involvement in this incident of the applicant. There is no direct evidence against the applicant. Co-accused Sarita Devi wife of the applicant has already been released on bail by another bench of this Court vide order dated 10.1.2019 in Criminal Misc. Bail Application No. 49358 of 2018, therefore the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 27.3.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Shyamveer involved in Case Crime No. 905 of 2015, (S.T. No. 105 of 2016) under Sections 302 IPC P.S. Etmadaula, District Agra 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.4.2019 A.