Chintoo v. State Of U. P. Thru. Prin. Secy. Home, Lko.
2023-04-10
SUBHASH VIDYARTHI
body2023
DigiLaw.ai
JUDGMENT : 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant, Sri Hari Shankar Maurya, learned Addl. Govt. Advocate for the State and perused the records. 2. By means of the instant application, the applicant Chintoo S/o Ram Saran seeks bail in Case Crime No. 359 of 2022, under section 306 IPC, P.S. Baundi, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged against four named accused persons, including the applicant and his relatives alleging that the applicant's wife/co-accused Gudia was in an illicit relationship with the informant's son. On 12.11.2022 the informant came to know that his son was hanging and he apprehended that the accused persons had hanged him. 4. The informant's son was found hanging from a Peepal tree and the only injury found on his body was a ligature mark on his neck obliquely placed, with a gap of 4 c.m. 5. During investigation statements of other persons have been recorded, all of whom have stated that the deceased was in a relationship with the co-accused Gudia and no specific allegation has been levelled against the applicant in any of the statements. It has also been submitted by learned counsel for the applicant that the co-accused Kunti has already been granted bail by this court by meas of order dated 16.03.2023, passed in Criminal Misc. Bail Application No.3663 of 2023. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that none of the witnesses has stated anything, which may prima facie make out a case against the applicant and the co-accused has already been granted bail by this court coupled with the fact that the applicant has no criminal history, and he is languishing in jail since 15.12.2022, I am of the view that the applicant is entitled to be released on bail. 7. Accordingly, this bail application stands allowed. 8.
7. Accordingly, this bail application stands allowed. 8. Let the applicant-Chintoo be released on bail in the aforesaid Case Crime No. 359 of 2022, under section 306 IPC, P.S. Baundi, District Bahraich, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. 9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.