Single judge court granted bail to the accused Yogendra in a murder case. The court noted that prosecution witnesses turned hostile and the applicant had no criminal history, deeming it a fit case for bail without commenting on merits.
Release of applicant Yogendra on bail under Section 302 IPC with personal bond and two sureties subject to specific conditions.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2387 of 2019
Applicant :- Yogendra Opposite Party :- State Of U.P. Counsel for Applicant :- S.S. Rajput Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed today which is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant is husband of deceased and has been falsely implicated on the basis of suspicion; that as per averments made in FIR lodged by Village Chawkidar Dorilal at about 08:15 p.m. on 17.06.2017 he was passing through Chandosh market and seen a crowd at the house of Shiv Kumar Sharma and upon reaching there, he found dead body of Priya, wife of applicant lying in a room and applicant and coaccused Sheela were running from there saying that police may come at any time, and everybody was saying that applicant and Sheela have caused murder of Priya; that similar statements were made by landlord of house and his wife; that during trial, first informant Shiv Kumar Sharma, landlord as well as his wife were examined as PW-1, PW-2 and PW-3 and in their statements on oath they did not support prosecution case and were declared hostile; that since the prosecution witnesses have not supported prosecution case, applicant is entitled for bail; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 28.06.2017.
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 Yogendra be released on bail in Case Crime No. 102 of 2017 under Sections 302 I.P.C., P.S. Pisawa District Aligarh 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 :- 18.1.2019 M. ARIF
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a murder case given the hostility of prosecution witnesses.
Whether the applicant has satisfied the conditions for grant of bail including furnishing sureties and personal bond.
5 provisions across 2 enactments
Yogendra
State Of U.P.
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
