Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34382 of 2019 Applicant :- Swami Rajpoot Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhay Krishna Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely Swami Rajpoot, Vijay and Smt. Krishna alleging that the marriage of deceased Smt. Harku was solemnized with Chandrabhan Rajpoot (brother of applicant). After death of Chandrabhan Rajpoot, Smt. Harku re-married with Swami Rajpoot. On 18.11.2017, they killed her and threw the dead body in the well. During investigation, it was found that there was illicit relation between applicant and Smt. Krishna (daughter-in-law of applicant/wife of co-accused Vijay). Sharp-edged weapon (ganasha) used in the crime was recovered from well at the pointing out of applicant. Statement of co-accused Vijay and Smt. Krishna were recorded, they stated that they caught hold the deceased and Swami Rajpoot assault the deceased with sharp-edged weapon.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. Co-accused Smt. Krishna and Vijay have already been granted bail by co-ordinate Bench of this Court. There is no independent witness and no legal evidence against the applicant except the confessional statement of applicant and co-accused before the police personnels. There was fitted the pumping set machine in the said well, deceased was fallen the well, neck of deceased was cut to fan of the machine due to which she died. So-called recovery of ganasha was falsely planted by the police to show his good work. There is no possibility to get this case decided in short period in future due to heavy workload in trial court. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 20.11.2017 (more than one year and nine months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is husband of deceased. The case of applicant is distinguishable from co-accused Smt. Krishna and Vijay who have already been granted bail by co- ordinate Bench of this Court. Applicant is main accused. There was strong motive against the applicant. Sharp- edged weapon (ganasha) used in the crime was recovered from well at the pointing out of applicant. F.I.R. was not lodged by the applicant. Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the second bail application of applicant Swami Rajpoot involved in Case Crime No. 502 of 2017, under Sections 302/34, 201 IPC, P.S. Pura Kala, District Lalitpur is hereby rejected at this stage.
It is expected from the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
S.S.P./S.P., Lalitpur and District Magistrate, Lalitpur are directed to ensure presence of witnesses on summoning before the court concerned.
Office is directed to send a copy of this order through FAX, e-mail and speed post within three days from today to S.S.P./S.P., Lalitpur & District Magistrate, Lalitpur and court concerned for necessary compliance.
Order Date :- 26.8.2019 A. Singh