Neutral Citation No. - 2023:AHC-LKO:40799

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7527 of 2023

Applicant :- Balbhaddar And Another

Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil

Secrett. Lko.

Counsel for Applicant :- Satya Bhushan Verma,Arun Kumar Patel

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

1. Heard learned counsel for the applicants, learned A.G.A for

the State of U.P. and perused the record.

2. The present bail application has been filed on behalf of the

applicant in Case Crime/FIR No.810 of 2022, under Sections

302, 201, 34 I.P.C., Police Station-Khairighat, District-

Bahraich, with the prayer to enlarge them on bail.

3. Learned counsel for the applicants submitted that the

applicants are innocent persons and have been falsely

implicated in the case and they are in jail since 06.04.2023. He

further submitted that as per the prosecution case, deceased died

due to drowning and when her body was found, then

information was given by aunt of the deceased and inquest of

the body of the deceased was conducted on 19.10.2022, and

thereafter, autopsy of the body of the deceased was also

conducted, in which, cause of death was reported by

strangulation. He further submitted that FIR in question was

lodged after two months from the death of the deceased. He

further submitted that charge-sheet has been filed and there is

no credible evidence is found against the applicant. In these

circumstances, the applicants are entitled for bail. In case of

being enlarged on bail, they will not misuse the liberty of bail.

4. Learned A.G.A. opposed the prayer for grant of bail to the

applicant and submitted that it was not a case of drown as first

day information was given by the aunt of the deceased that

deceased died due to mysterious circumstances, and thereafter,

inquest of the body of the deceased was conducted on

19.10.2022, but he does not dispute the fact that FIR in question

was lodged after two months from the death of the deceased.

5. Considering the rival submissions of learned counsel for the

applicant, learned A.G.A. and going through the contents of

FIR, inquest report, postmortem report as well as other relevant

documents, I am of the view that the applicants are entitled to

be released on bail.

6. Let the applicants, namely, Balbhaddar and Vishambhar,

who are involved in aforementioned case crime be released on

bail on their furnishing a personal bond and two sureties each in

the like amount to the satisfaction of the court concerned

subject to following conditions.

(i) The applicants shall not commit or participate in any offence

similar to the offence of which they are accused, or suspected,

of the commission of which they are suspected.

(ii) The applicants 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.

(iii) The applicants shall file an undertaking to the effect that

they shall not seek any adjournment on the date fixed for

evidence when the witnesses are present in Court. In case of

default of this condition, it shall be open for the Trial Court to

treat it as abuse of liberty of bail and pass orders in accordance

with law.

(iv) The applicants shall remain present before the Trial Court

on each date fixed, either personally or through his counsel. In

case of his absence, without sufficient cause, the Trial Court

may proceed against them under Section 229-A IPC.

(v) In case, the applicants misuses the liberty of bail during trial

and in order to secure their presence proclamation under

Section 82 Cr.P.C., may be issued and if applicants fail to

appear before the Court on the date fixed in such proclamation,

then, the Trial Court shall initiate proceedings against them, in

accordance with la