Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48712 of 2017 Applicant :- Amar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Brij Raj Singh, learned counsel for the applicant and Sri Saqib Meezan, learned AGA along with Sri Vivek Dubey appearing for the State.
This is an application for bail on behalf of Amar Singh in Case Crime No. 649 of 2017, under Section 306 IPC, P.S. Aliganj, District Etah.
The submission of the learned counsel for the applicant is that the FIR in this case was initially registered under Section 498A, 304B IPC and 3/4 of Dowry Prohibition Act but after investigation it was found to be a case under Section 306 IPC; that the applicant and his wife Shashi were married in the year 2009 on 04.05.2009 and were living together happily; that it so happened that the informant asked for a loan in the sum of Rs. 50,000/- of the applicant to purchase some ornaments to be given in marriage to the newly wedded wife of his son Saurabh, that is to say, applicant's brother-in-law as he was short of money; that the deceased Shashi made that request on his behalf to the applicant who extended the loan to his brother-in-law who took it with a promise of refund within six months; that however, he went back on his promise and did not pay back the loan which put the applicant's wife Shashi in a state of extreme mental distress with a feeling of shame and embarrassment over the issue; that it was on account of aforesaid feeling of embarrassment and shame due to her brother's conduct that Shashi, howsoever she thought about the matter committed suicide by consuming poison where the applicant had no role to play; that during investigation the police have not found any material to indicate that it was a case of homicide; that there is in the submission of the learned counsel no such act committed by the applicant which may constitute instigation, aid or conspiracy so as to fall within the mischief of Section 107 IPC attracting the provision of Section 306 IPC; and, that the applicant is a respectable man with no criminal history who is in jail since 05.09.2017.
Learned AGA has opposed the prayer for bail with the submission that the police have after investigation collected the evidence against the applicant making out a case punishable under Section 306 IPC.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the evidence appearing in the case but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Amar Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 23.2.2018 Imroz