Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27256 of 2019 Applicant :- Ankesh @ Sadhu Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Singh,Ram Bahadur,Sunil Kumar Singh,Sr. Advocate Anil Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed is taken on record.
Heard Sri Anil Srivastava, learned Senior Counsel assisted by Sri Sunil Kumar Singh and Sri Ram Bahadur, counsels for the applicant and learned A.G.A. for the State and perused the record.
The submission is that from the allegation made in the FIR the ingredients of abetement of suicide are not made out. The allegation against the applicant is that when the victim went to attend the nature's call in the field, the applicant tried to rape her and she came to her house and there she poured kerosine oil and committed suicide.
Learned Senior Counsel has submitted that for constituting the offence under section 306 IPC there should be a clear pleading regarding the intention of the accused to aid or instigate or abet the deceased to commit suicide. Where the relatives of deceased women are the only witness to cruelty meted out to her within her house and there is no such material on record to prove any active act or direct act of the applicant which may have led to abatement of the suicide by the deceased, the implication under Section 306 I.P.C. is not justified. It has been submitted that it appears that on account of the scolding of the parents the victim committed suicide in her house. The allegation against the applicant has falsely been made. The applicant is in jail since 15.02.2019 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Ankesh @ Sadhu, be released on bail in Case Crime No. 08 of 2019, under Sections- 376, 511, 306 I.P.C., Police Station- Pinahat, District- Agra, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. 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.
Order Date :- 27.11.2019 Rohit