Allahabad High Court
Ajay vs State Of U.P. on 29 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22597 of 2019
Applicant :- Ajay
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that the applicant is brother-in-law (Sala) of the deceased. The sister of applicant namely Soni was married with the deceased. Due to matrimonial dispute Soni, sister of applicant was living at the house of applicant. The applicant had not administered poison to the deceased and there is no direct evidence against the applicant. The FIR of the alleged incident was lodged on the basis of an application moved under section 156(3) Cr.P.C. and in this case final report was submitted by the I.O., thereafter, informant moved a protest petition which was treated as complaint and thereafter, on the basis of statements of witnesses recorded under section 200 and 202 Cr.P.C. the applicant and other co-accused have been summoned to face the trial. It has further been submitted that the applicnt has falsely been implicated in the present case. The applicant has not committed the alleged offence. The co-accused Girind Singh, Smt. Kamlesha @ Bituka, Rinku Singh @ Devendra Singh, Aruna Devi, Smt. Soni Singh and Shrawan Singh having identical role have already been released on bail by another bench of this court vide orders dated 1.9.2017, 8.11.2017, 8.11.2017, 16.11.2017 and 27.11.2017 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 21.4.2019.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Girind Singh, Smt. Kamlesha @ Bituka, Rinku Singh @ Devendra Singh, Aruna Devi, Smt. Soni Singh and Shrawan Singh having identical role have already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ajay involved in Complaint Case No. 1643 of 2016, under section 302 and 328 IPC, P.S. Banda, District Shahjahanpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.5.2019
Masarrat
