Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23333 of 2019 Applicant :- Vishwanath Chaurasiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary(Senior Adv.),Praveen Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Praveen Kumar Singh, learned counsel for the applicant, Sri Piyush Tripathi, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Vishwanath Chaurasiya with a prayer to enlarge him on bail in Case Crime No.290 of 2018, under Sections 147, 326, 315, 302/34 I.P.C., Police Station Gopiganj, District Bhadohi.
It is argued by learned counsel for the applicant that the FI.R. was lodged on 09.08.2018 against five accused persons, namely Vishwanath Chaurasiya (applicant herein), Kamlesh Kumar @ Bantu Chaurasiya, Babloo Chaurasiya @ Prathmesh Chaurasiya, Rajesh Kumar Chaurasiya @ Toli and Atul Kumar Chaurasiya alleging that on 4.8.2018 they killed Arti Chaurasiya by setting her on fire after pouring kerosene oil. The deceased was pregnant at the time of death. Dying declaration was recorded on the same day in which she stated that co- accused Mantu attempted to rape her and all accused persons told her to take rupees five lacs and leave the house. There was some dispute between the parties. According to dying declaration, main role was assigned to co-accused Mantu. Statement of several persons were recorded in which they stated that deceased accidentally burnt at the time of cooking food. According to opinion of doctor, injuries found on the body of deceased were accidental. It is argued that the applicant has been falsely implicated in this case due to previous enmity. There is no motive against the applicant to commit the offence. There is neither independent witness nor any legal evidence against the applicant and the F.I.R. was lodged after five days of incident. In dying declaration she alleged general allegation against all accused persons and specific role of attempt to rape was assigned to co-accused Mantu. The case of the applicant is distinguishable from Mantu. Co-accused Rajesh Kumar Chaurasiya @ Toli and Babloo Chaurasiya @ Pratmesh Chaurasiya, having identical roles, have already been granted bail by this Court vide orders dated 25.2.2019 and 27.03.2019 passed in Criminal Misc. Bail Application Nos.7666 and 4837 of 2019. Accordingly, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 29.03.2019. Accordingly, he requests for bail.
Learned counsel for the State vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 4.6.2019 Anand Sri./-