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Judgment
Mohd. Faiz Alam Khan,J.
Counter affidavit filed on behalf of the State is taken on record.
None is present for the applicant when the case is taken up for hearing, while the name of Shri Anup Kumar Kashyap, Shri Pushpendra Kumar Sharma, Shri Shailender Singh and Shri Varun Kumar Mishra, Advocates are published in the cause list as counsel for the complainant/informant. Nor any request for adjournment of the case has been received.
Heard Shri Sushil Kumar Singh, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant-Namwar Singh for grant of bail, in Case Crime No.100 of 2022 under Sections 302, 201, 34 and 120-B I.P.C., Police Station P.G.I., District Lucknow, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and he has not committed any offence as claimed by the prosecution.
It is further submitted that the applicant is not named in the F.I.R. as the same was lodged by the informant Shubham Chauhan on 20.02.2022 at Police Station P.G.I., District Lucknow East against accused Padmesh Kumar Srivastava only with the allegations that named accused Padmesh Kumar Srivastava was having affair with Ruchi Chauhan (deceased) and when she made pressure for solemnizing marriage, he committed murder of her. Dead body of the deceased was found on 19.02.2022. Postmortem of the deceased would reveal that she has sustained two injuries of the nature of contusions on her head on occipital region and as per opinion of the doctor, cause of death was due to coma as a result of head injury. On 20.02.2022, the applicant and other two accused persons were shown to have been arrested and allegedly confessed their guilt while in the custody of the police.
Highlighting the above facts, it is vehemently submitted that apart from the confessional statement of the applicant, there is no iota of evidence available against the applicant and the allegation of part of conspiracy is apparently false as on 20.01.2021, earlier order of mutation which was in favour of the mother of the applicant namely Kaushalya Devi was cancelled by the main accused Padmesh Kumar Srivastava and therefore, there is no occasion or opportunity for the applicant to be an associate of the main accused Padmesh Kumar Srivastava. It is also submitted that apart from the recovery of vehicle owned by the applicant at the time of alleged arrest of the applicant, no other recovery has been made from his possession or on his pointing and simply the applicant was sitting in the vehicle own by him cannot associate him with any crime and a false recovery of purchase slip of alpred tablets is also of no use in view of non availability of any other evidence and there is no evidence available against applicant either direct or substantial.
It is further submitted that similarly placed co-accused of the alleged crime, namely, Pragati Srivastava has been released on bail by the Coordinate Bench of this Court, vide order dated 30.6.2022 passed in Criminal Misc. Bail Application No.6968 of 2022. Applicant is in jail in this case since 21.02.2022. Charge sheet in this case has already been filed and he is not having any criminal history. There is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.
Learned A.G.A., however, opposes the prayer for bail on the ground that the applicant is an accused of heinous offence and therefore he is not entitled to be released on bail, but could not confront the facts that similarly placed co-accused person has been granted bail.
Having heard learned counsel for the parties and having perused the record, it is evident from the material brought on record and from the submissions made by learned counsels for rival parties that apart from confessional statement of the applicant recorded while he was in the custody of the police, there is no other material or evidence available against the applicant. The vehicle owned by the applicant is shown to have been recovered at the time of arrest of applicant and other co-accused persons pertaining to which it is vehemently submitted that arrest of the applicant could not be believed in the manner as shown by the police in absence of independent public witness and the confession, which has been shown to have been made by the applicant in the custody of the police could not be proved against him in the court of law by virtue of bar contained under Section 26 of the Indian Evidence Act and no recovery of any kind has been made on the pointing of applicant. A cash memo pertaining to the purchase of some alpre tablets is also shown to have been recovered from the possession of applicant, however, still it is not established that any sedative was administered to deceased. No call detail record of the applicant is available or filed with the counter affidavit. No motive has been alleged against the applicant and case of the applicant is distinguishable from the case of the main accused Padmesh Kumar Srivastava. Co-accused person, namely, Pragati Srivastava has been released on bail by the Coordinate Bench of this Court. Applicant is in jail in this case since 21.02.2022 and he is not having any criminal history. The presence of the applicant could be secured before the trial court by placing adequate conditions.
Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Namwar Singh involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.