The High Court dismissed bail opposition and granted bail to the applicant in a criminal trial involving Sections 147, 323, 504, 506, and 306 I.P.C., subject to standard conditions. This order first available at AAAAAAAA.
Applicant released on bail upon furnishing personal bond and two sureties.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27003 of 2018
Applicant :- Vinod Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Yadavendra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Vinod Kumar, who is involved in Case Crime No.133 of 2018, under Sections 147, 323, 504, 506, 306 I.P.C., P.S. Roora, District Kanpur Dehat, is seeking enlargement on bail during the trial.
It has been contended by learned counsel for applicant that that accused-applicant is innocent; he has been falsely implicated in this very case crime number; the occurrence was of 06.05.2018; report was lodged after five days with no cogent reason of this delay; death was owning to ante mortem hanging and no other ante mortem injury was there and applicant has no previous criminal history.
Learned A.G.A. vehemently opposed the prayer for bail.
The inquest proceeding reveals that it was conducted on 06.05.2018 upon the report of complainant Mansharam, in which suicide by ante mortem hanging has been said by him to police; this followed the inquest proceeding and autopsy examination; nowhere such accusation was made by informant, which was made after five days by lodging first information report. The admitted position is love affair between accusedapplicant and deceased being prohibited by her father i.e. informant and owning to above prohibition and love affair, deceased which was not amenable to her parents committed suicide.
Upon hearing learned counsel and 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 Vinod Kumar be released on bail in Case
Crime No.133 of 2018, under Sections 147, 323, 504, 506, 306 I.P.C., P.S. Roora, District Kanpur Dehat, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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 :- 10.1.2019 NS
1 issue framed by the court
Whether the applicant is eligible for bail in the criminal case under Sections 147, 323, 504, 506, and 306 I.P.C.
Vinod Kumar
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
