Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4138 of 2019 Applicant :- Anugrah Onkar Opposite Party :- State Of U.P. Counsel for Applicant :- R.S. Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Anugrah Onkar seeks bail in Case Crime No. 343 of 2018, under Sections 306 IPC, P.S. Panki, District- Kanpur Nagar.
Learned counsel for the applicant has submitted that applicant was married to the victim- Priya on 7.6.2012 and out of their wedlock, a male child was born. Learned counsel for the applicant has next submitted that on 13.7.2018 the victim had committed suicide by hanging herself in her room. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the first informant Surya Kant, in which it has been stated that the applicant started consuming liquor and in a drunken condition used to assault his minor child which caused frustration in the mind of the victim. Even in the statement of Km. Divya Mishra sister of the victim, same story has been reiterated. Learned counsel for the applicant has next submitted that there is no evidence to show that the applicant in any manner abetted his wife to commit suicide. Learned counsel for the applicant has next submitted that applicant is in jail since 16.7.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from the judicial process and tampering with the evidence.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 16.7.2018 and there is no cogent evidence to show that the applicant in any manner abetted his wife to commit suicide.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Anugrah Onkar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.1.2019 KU