Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15004 of 2018 Applicant :- Arvind @ Sarvind Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Narendra Kumar Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Arvind @ Sarvind in Case Crime No.256 of 2017, under Sections 498-A and 306 I.P.C., Police Station Merapur, District- Farrukhabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is the husband of the deceased. The F.I.R. was registered on the allegations made by first informant that the applicant and his family members wanted to sell buffaloes and jewellery of the deceased and purchase a tractor which she objected, due to this reason all the family members murdered her by pressing her neck. Learned counsel states that in the post mortem report no such injury was noted whereas the cause of death was asphyxia on account of hanging. Admittedly the marriage of the deceased was solemnized 12 years' back and three children were born from their wedlock. The deceased on account of her hyper sensitive nature committed suicide by hanging. Therefore, the case was converted under Section 306 I.P.C. during investigation, though prima facie, no offence under Section 306 I.P.C. is borne out from the allegations made in the F.I.R. as well as in the statements of the witnesses. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 16.12.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Arvind @ Sarvind 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.4.2018 MN/-