Single judge allowed criminal miscellaneous bail application. Court held that a case for bail was made out given the circumstances, citing illness and the need for medical attention, and directed release subject to standard conditions.
Applicant released on bail by furnishing personal bond and two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18068 of 2021
Applicant :- Ram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. The marriage of applicant with deceased has taken place about seven years prior to the incident and that even as per prosecution version due to some dispute the deceased was residing at her parental home since last four months of the incident. As per prosecution, alleged incident took place on 19.09.2021 at parental house of deceased but at that time, no FIR was lodged and that when deceased passed away on 27.09.2021, thereafter FIR was lodged on 28.09.2019. Learned counsel has submitted that allegation that applicant and his parents have gone at house of deceased and assaulted the deceased and they hit at her stomach is thoroughly false and improbable. It was submitted that it is not possible that applicant along with his parents would commit such an incident at parental house of deceased. Further in post-mortem report, no injury has been shown on the body of deceased and viscera was preserved and as per F.S.L. report, no poison has been found in the viscera of deceased and thus, there is no such evidence that death of deceased is homicidal and therefore, Section 304 IPC is not made out. Learned counsel has also referred supplementary statement of first informant, wherein, he has
stated that at the time of alleged incident, he was not present at his house and that in anger he has lodged the FIR of this case. It has further been submitted that the applicant is languishing in jail since 15.07.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Ram Singh involved in Case Crime No.520 of 2019, under Sections 498-A, 304 IPC and Section 3/4 D.P. Act, P.S.Bisalpur, District Pilibhit, be released on bail on furnishing each 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 shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.11.2021 Neeraj
2 issues framed by the court
Whether the applicant is entitled to bail in a charge of murder and cruelty after a delay in lodging FIR.
Whether the immunity and future cooperation of the applicant genuinely promises that the order will be carried out forthwith.
Ram Singh
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
