Hard copy of the bail application as well as rejoinder affidavit filed by learned counsel for the applicant are taken on record.
Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.455 of 2020, under Section 306 I.P.C, Police Station-Fardhan, District-Lakhimpur Kheri, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 27.10.2020. It is further submitted on behalf of applicant that marriage of the applicant was solemnized with the deceased in the year 2012. He further submitted that deceased was not having any issue, as a result, most of the time quarrel was taken place in between applicant and his wife and on the date of incident, deceased committed suicide. The said information was given to the family members of the deceased and inquest of the body of the deceased was conducted in presence of the family members of the deceased and uncle of the deceased opined that deceased committed suicide, and thereafter, body was sent for postmortem. In the postmortem report, cause of death is asphyxia due to antemortem hanging. He further submitted that after about two weeks, FIR in question was lodged by the informant, on the basis of concocted facts against all the family members of the applicant including applicant with the allegation that deceased was killed by the applicant, as a result, FIR was lodged under Section 302 I.P.C. and during the course of investigation, statement of independent witnesses, namely, Radhey Shyam & Mithilesh Kumar and family members of the deceased were recorded, in which, they categorically stated that on the date of incident, they reached on the spot, when the door was found closed inside, then it was broken and found that the deceased was hanging and independent witnesses also stated that quarrel was taken place in between the applicant and deceased and number of times, applicant left his house after quarrel. He further submitted that after investigation, charge-sheet was filed by the Investigating Officer, under Section 306 I.P.C. and there is no evidence of abatement is found. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that initially the FIR was lodged under Section 302 I.P.C., but the charge-sheet was filed under Section 306 I.P.C.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Ankul Giri- be released on bail in the aforesaid case crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 24.8.2021 Amit/-