Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11009 of 2018 Applicant :- Anil Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Anil Mishra in connection with Case Crime No. 256 of 2017 under Sections 306 IPC, P.S. Atarra, District Banda.
Heard Sri I.K. Chaturvedi, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the deceased committed suicide by hanging herself to death at her parent's place; that the applicant is a neighbour of one Ankit Dwivedi S/o Ram Naresh who is a son of the deceased's maternal uncle and would sometimes call the deceased using the applicant's mobile phone; that the applicant has been roped in on account of the fact alone that there was a conversation between the deceased and Ankit Dwivedi using his mobile phone on 12.12.2017 though there is no evidence on record of what kind of conversation it was; that it has been urged by the prosecution that the deceased has sought help from the Woman Helpline of the Police Department but in an inquiry by the Investigating Officer, there is no information or record available with the Woman Helpline of the Police Department indicating any complaint by the deceased against the applicant or Ankit Dwivedi; that it appears that the deceased has committed suicide for the reasons best known to her and her parents and in order to come out of the situation which could have landed the parents in trouble with the law they have conjured up a false and fabricated story about the circumstances leading their daughter to commit suicide; that there is no evidence whatsoever of the applicant instigating, abetting or otherwise committing any kind of conspiracy that may amount abetment vis-a-vis the deceased and the commission of suicide by her; and, that the applicant is a respectable man with no criminal history who is in jail since16.12.2017.
Learned AGA has opposed the bail plea with the submission that the police after investigation have submitted a charge sheet which includes evidence of the applicant's complicity. As such, the applicant is not entitled to bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased, in particular, prima facie, the absence of evidence of abetment at this stage but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
It is made clear that anything said in this order would not affect the case of either side on merits at the trial.
Accordingly, the bail application stands allowed.
Let the applicant Anil Mishra involved in Case Crime No. 256 of 2017 under Sections 306 IPC, P.S. Atarra, District Banda be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing 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, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.3.2018 Deepak