The court allowed a bail application filed by Ramapati, a brother-in-law accused of murdering his wife-in-law in 2018. Despite serious allegations, considering the applicant's poor background, lack of prior record, and duration of custody, the court deemed it a fit case for bail.
Release of the applicant on bail by furnishing a personal bond and two sureties each.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9007 of 2019
Applicant :- Ramapati Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri R.K. Singh (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely, Ramapati, Shailesh, Aniruddha, Renu Devi and Vidya Devi alleging that Sanjoo, daughter of the complainant was married with Awadhesh in the year 2009 and on 19.4.2018 they killed her by assaulting kicks and fists. She received four injuries. Hyoid bone was found fractured.
Learned counsel for the applicant submitted that the applicant is brother-in-law (Devar). According to postmortem report, cause of death was found strangulation. No other injury was found on the body of the deceased. General role has been assigned to all accused. She committed suicide herself. Nobody had killed the deceased. F.I.R. was lodged after two days of the incident after thought and with due legal consultation. It is not clear who is author of that injury. It is also not clear whether the death was homicidal or suicidal. The applicant is very poor person and belongs to rural area. The applicant is languishing in jail since 11.5.2018 (more than nine months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness against the applicant. There is no eye witness account against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ramapati involved in Case Crime No. 69 of 2018, under Sections 147, 323, 302 IPC, Police Station-Sikrara,
District-Jaunpur 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 applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant 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 :- 8.3.2019 OP
2 issues framed by the court
Whether bail should be granted to the applicant charged with murder while in police custody.
Whether the applicant meets the statutory requirements for bail execution.
Ramapati
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
