Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.574 of 2020, under Sections 302 I.P.C., Police Station Inayat Nagar, District Faizabad/Ayodhya with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person, he is having no criminal history and is in jail since 20.09.2020.
It is further submitted on behalf of the applicant that the applicant has been falsely implicated in the present case. He further submitted that the F.I.R. in question was lodged by Rohit Kumar (informant/brother of the deceased) with the averments that he was informed by his mother that her sister has been killed and her body was found in the room, then he reached on the place of incident and found that the body of his sister was lying on the floor with Dupatta around her neck as she was killed by strangulation. Thereafter, the F.I.R. in question was lodged and the statement of informant as well as his mother was recorded by the Investigating Officer, in which the mother of the informant stated that after having dinner, she and her daughter went to sleep in a different room and thereafter, in the morning at 06:00 a.m. her daughter was found dead and the information of the same was given to her son.
Learned counsel for the applicant has further submitted that thereafter, the statement of Satya Narayan (neighbour of the informant) was also recorded, in which he stated that on 06/07.09.2020 at around 04:00 a.m., he had seen Vishwa Nath @ Chintu @ Karan (applicant) leaving from the house of the informant. He further submitted that as Satya Narayan was the neighbour of informant and he new about the incident but he did not inform the family members of informant about the fact, which was seen by him, therefore, the story is suspicious and also no one has seen the incident. He further submitted that the charge sheet has already been filed and there is no possibility for tempering of any evidence. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that the statement of Satya Narayan was recorded, in which he has seen the applicant leaving from the house of informant on the date of incident and also submitted that as per the call details report, deceased and applicant were in continuous conversation, therefore, the applicant is not entitled for bail.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Vishwa Nath @ Chintu @ Karan - be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 13.1.2021 S. Shivhare