Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45024 of 2018 Applicant :- Siya Kharwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ajeet Srivastava, the learned counsel for the applicant and the learned A.G.A. for the State.
This application for bail has been filed by the applicant-Siya Kharwar seeking his enlargement on bail in Case Crime No. 91 of 2018, under Sections 457, 380, 504, 506, 306 and 411 I.P.C. Police Station-Karanda, District-Ghazipur, during the pendency of the trial.
An unfortunate incident occurred on 19.7.2018 in which Krishna Narayan Singh committed suicide. The F.I.R. in respect of the aforesaid incident was lodged on the same date i.e. 19.7.2018 by Renu Singh the wife of the deceased, which was registered as Case Crime No. 0091 of 2018, under Sections 457, 380, 504, 506, 306 and 411 I.P.C. Police Station-Karanda, District-Ghazipur. In the aforesaid F.I.R., two persons namely Siya Kharwar and Mannu Yadav were nominated as the named accused. As per the allegations made in the F.I.R., it is alleged that the applicant had stolen a sum of Rs. 1,50,000/- from the house of the first informant and when the deceased demanded the return of the stolen amount, one Mannu Yadav intervened at the behest of the present applicant and threatened with dire consequences. It is in the aforesaid circumstances that the deceased committed suicide. It is further stated in the F.I.R. that the deceased had attempted repeatedly for the return of money, but every time, the accused extended threat to the deceased.
From the record it transpires that a sum of Rs.5,000/- has also been recovered on the pointing out of the present applicant. The recovery so made could not be disputed by the learned counsel for the applicant upto this stage. As a consequence of the aforesaid, section 411 IPC was also added as is established from Annexure 5 appended to the bail application.
Learned counsel for the applicant submits that the applicant is a young boy and he is in jail since 25.7.2018. The proof of the charge under section 306 IPC is subject to trial evidence. Upto this stage, there is evidence to show that the applicant has instigated, conspired or aided in the commission of the alleged crime. It is thus urged that the applicant is being prosecuted for an unabetted offence. The recovery has also been disputed by the learned counsel for the applicant. It is thus urged that the applicant is liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the material in the case diary clearly goes to show that repeatedly threat was extended by the present applicant along with Mannu Yadav to the deceased on account of his repeated demand for return of stolen amount. It is in the aforesaid circumstances that the deceased committed suicide. The recovery of Rs.5,000/- has been made on the pointing out of the present applicant from the house of the applicant himself. As such, section 411 I.P.C. was also added. Upto this stage, there is nothing on the record to show that the recovery is false or implanted. He, therefore, submits that the bail application of the present applicant is liable to be rejected.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the material brought on record and the complicity of the applicant but without expressing any opinion on merits of the case, I do not find any good ground to allow the present application. Consequently, the bail application of the applicant is hereby rejected.
However, at this stage, it is expected from the learned trial court to gear up the trial and make necessary endeavour to conclude the same within one year provided the applicant would render all necessary co-operation in early conclusion of the trial.
Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 27.11.2018 HSM