Heard Sri Piyush Dubey, learned counsel for the applicant, Sri M. P. S. Chauhan, learned counsel for the informant and learned A.G.A for the State through Video Conferecing and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that co-accused Raheesh has already been allowed on bail by this Court in Criminal Misc. Bail Application No. 3335 of 2021 vide order dated 22.01.2021. Role assigned to the present applicant is not distinguishable with the role assigned to the co-accused who has been enlarged on bail. It is further argued that none of the ingredients of the offence under Section 306 IPC are attracted in this matter. Applicant is father in law of the deceased. It was next contended that deceased committed suicide in the house of her parents. At this juncture learned counsel appearing for the applicant referred to the dying declaration said to have been recorded in this matter as well as the FIR and further argued that applicant is in jail since 07.07.2020 havign no criminal history.
Sri Chauhan, learned counsel appearing for the informant as well as learned A.G.A. argued that dying declaration said to have been recorded in the matter was not disclosed before the court concerned at the time of disposal of the bail application of co-accused Raheesh. It is next contended that deceased was witness in a murder case in which husband of the deceased was co-accused. Referring to the contents of the FIR and dying declaration it was further argued that applicant and other co-accused provoked the deceased to commit the suicide and due to that reason she committed suicide at her parental house. Since the said fact has been suppressed by the learned counsel for the applicant at the time of disposal of the bail application of co-accused Raheesh, therefore, present applicant cannot be allowed on bail in this matter.
Learned counsel for the applicant refuting the arguments advanced on behalf of the informant side argued that role of the applicant is not distinguishable in any manner with the role of co-accused already released on bail as is clear from the dying declaration said to have been recorded.
Having considered the submissions advanced by the learned counsel for the parties, keeping in view the role assigned to the applicant and comparing the same with the role of the co-accused as disclosed in the dying declaration said to have been recorded in the matter, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Bahajuddin involved in Case Crime No. 177 of 2019, under Sections 306, 498-A IPC, P.S. Etmadpur, District Agra be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 12.4.2021 Sachdeva