Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41073 of 2018 Applicant :- Arun Kumar Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Abhishek Kumar Jaiswal Counsel for Opposite Party :- G.A.,Archana Agrawal
Hon'ble Rajul Bhargava,J.
Heard Sri Amit Daga, learned counsel for the applicant, Smt. Archana Agrawal, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 43 of 2018, u/s 306 IPC, P.S. Chauri, District Bhadohi with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that according to the prosecution itself, the victim is aged about 26 years and she was working as instructor/ teacher in the computer institute run by the applicant; he further submitted that the F.I.R. has been lodged against the applicant on the basis of suspicion that the applicant must have said something which prompted the deceased to commit suicide. Learned counsel further submitted that investigation has completed and the charge-sheet has been submitted, till date there is no evidence of any abetment which prompted the deceased to commit suicide; he further submitted that infact the deceased was having love affair and as per the prosecution version, the deceased was to get married after two months, probably she might be against the marriage on account of which committed suicide in the computer institute of the applicant; the information about the unfortunate incident was given by the applicant himself to nephew of the first informant and when the first informant and other person reached at the place of incident the applicant was under preparation to take the deceased to the hospital; he is in jail since 19.6.2018.
Learned counsel for the informant has opposed the prayer for bail. However he could not point out any circumstance which amounts to any abetment or instigation by the applicant which prompted the deceased to commit suicide.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Arun Kumar Jaiswal involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2018 Dhirendra/