Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44714 of 2021 Applicant :- Bhagwat Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Shree Bhagwat Singh in connection with Case Crime No.330 of 2021, under Sections 498-A and 306 I.P.C., Police Station Hata, district Kushinagar.
The first information report of this incident was lodged by the complainant about the unnatural death and the deceased was married with Vipin Kumar Singh and the husband of the deceased had died on 16.05.2021 and the deceased of this case was living alone. It was alleged in the first information report that the applicant and other co- accused persons were harassing the deceased of this case. It was further alleged that the applicant and other co-accused persons had murdered the daughter of the complainant by strangulation and thereafter, they hung the body of the deceased of this case.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is the father-in-law of the deceased and is an aged and old person. He submitted that there is no mention of any demand of dowry in the two suicide notes in which she had specifically mentioned that she was going in tension due to the death of her husband that is why she committed suicide, copies whereof have been annexed on page no.45 of the paper book. He submitted that there is no evidence that the deceased was abetted or instigated to commit suicide and there is no over tact on the part of the applicant towards the commission of suicide by the deceased. He submitted that the applicant is languishing in jail since 31.07.2021 and has no criminal antecedents to his credit, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Shri Bhagwat Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 28.10.2021 R./ Digitally signed by Justice Ajit Singh Date: 2015.04.02 03:22:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad