The criminal court granted bail to the applicant accused of culpable homicide or murder alleging burning of his wife, upon finding it a fit case without commenting on merits, as the A.G.A. did not oppose the prayer.
Bail granted on furnishing personal bond and two sureties each in the like amount to satisfaction of the court concerned.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3367 of 2020
Applicant :- Shayam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Ankit Srivastava, learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated for causing death of his wife; that as per averments made in F.I.R. lodged on 04.08.2019, the applicant who was married to deceased about 12 years back put the sister of first informant on fire after pouring thinner on her due to which she sustained burn injuries and go under treatment in Safdarjung Hospital Delhi; that at the time of lodging of F.I.R. Poonam had died on 03.08.2019; that the real fact is that deceased Poonam wife of applicant sustained burn injuries due to leakage of L.P.G. from cylinder at the time of cooking food and the applicant tried his best to save her life and immediately take her to G.T.B. Hospital, Delhi from where due to serious condition she was shifted to Safdarjung Hospital, Delhi; that on 03.7.2019 dying declaration of deceased was recorded according to which Smt. Sarla, the Bua of applicant abused deceased and asked her to die and when she was cooking food, thinner thrown on her and she was put on fire; that in dying declaration the deceased has not stated that thinner was poured on her by applicant or applicant put her on fire by match box; that applicant has no reason to cause death of his wife; that three children born out of wedlock with Poonam and the allegations about usual marpeet by applicant with deceased are absolutely false and concocted; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 03.12.2020.
Learned A.G.A. could not oppose prayer of bail .
Upon hearing learned counsel and perusal of record and considering 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 applicant Shayam Singh be released on bail in Case Crime
No. 494 of 2019, under Sections 302 I.P.C., P.S. Tronica, District Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 :- 5.2.2020 Md Faisal
1 issue framed by the court
Whether the applicant is a fit case for bail in the hands of the criminal court at this stage.
1 provisions across 1 enactments
Shayam Singh
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
