Court granted bail to applicant accused of abetment and concealing evidence regarding death of his brother's wife under Sections 306 and 201 IPC. Released on personal bond and two sureties.
Released on bail under personal bond and two sureties.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13166 of 2019
Applicant :- Pappu @ Satyabhan Opposite Party :- State Of U.P. Counsel for Applicant :- Niklank Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated under Section 306, 201, IPC for death of wife of his brother; that as per averments made in FIR lodged by Raghunandan on 21.8.2018, his daughter Seema was married to applicant's brother Ramu in the year 2009 and on 21.8.2018 after committing her death her body was cremated by performing funeral and when first informant reached the spot at 4.00 p.m. on 21.8.2018, he found burning pyre and none of family members was present; that entire prosecution story is absolutely false; that applicant had no motive to cause death of his brother’s wife and neither he treated her with cruelty nor committed her death nor made any evidence disappear; that real fact is that there were differences between deceased and her husband and deceased, who was a lady of bad character and short temper used to have long talks with several persons and her husband used to doubt her character; that due to suspicion of her husband over her character, deceased appears to have committed suicide by hanging herself and cremation of her body was done; that applicant being Jeth of deceased has no concern; that independent witnesses have also stated that on account of suspicion over her character and her long talks on mobile phone with several persons at one time her husband had broken her mobile phone whereafter she was living under depression; that case of the applicant is distinguishable with Ramu, husband of the deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 14.9.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a
fit case for bail.
Let the applicant Pappu @ Satyabhan be released on bail in Case Crime No.307 of 2018, under Sections 306, 201, I.P.C., P.S. Aliganj, District Etah, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.3.2019 T. Sinha
Pappu @ Satyabhan
State Of U.P.
Harsh Kumar
As recorded by the court registry
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