Court granted bail to applicants Munesh Kumar and Amar Singh in a murder case alleging dowry-related assault and death, noting lack of criminal history and delays in FIR registration. Bail granted on personal bond and sureties subject to standard conditions.
Released on bail on furnishing personal bond and two sureties each.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7228 of 2018
Applicant :- Munesh Kumar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Nirbhay Singh,Niklank Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicants and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against six persons namely, Sunil Kumar, Anil Kumar, Munesh Kumar, Amar Singh , Kirti and Vitoli alleging that Sangeeta, sister of complainant was married to Sunil Kumar before 8 years and on 6.6.2017 they assaulted Sangeeta with 'lathi-danda'. She died after sustaining injuries. Accused persons also cremated the dead body of Sangeeta without informing her parents.
It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in the present case. They are languishing in jail since 23.6.2017(more than eleven months) having no criminal history. There is no previous complaint for demand of dowry or any other type. No postmortem has been conducted. FIR was lodged on 7.6.2017 after thought with due legal consultation. There is no eyewitness account or any independent witness. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants. He admitted that the applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let applicants Munesh Kumar and Amar Singh involved in Case Crime No.63 of 2017, under Section 147, 302, 201 IPC, Police Station Sunnagarhi, District Kasganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to
following conditions:
2.The applicants will not pressurize/ intimidate the prosecution witness.
3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.5.2018
P.P.
3 issues framed by the court
Whether the applicants, falsely implicated in a murder case with no criminal history, are entitled to bail.
Whether the lack of postmortem and delay in FIR lodging affects the grant of bail.
Whether the applicants have made out a prima facie case for bail under Section 437 CrPC.
1 provisions across 1 enactments
Munesh Kumar
Amar Singh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
