Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29367 of 2021 Applicant :- Chandrika Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Prasad Mishra
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant is husband of deceased and their marriage was solemnized about five years prior to the incident and they have two children out of this marriage. It was submitted that in fact applicant and deceased along with their children were residing in Surat and during Covid-19 pandemic they were returned to their village in March 2020 and thereafter in August 2020 applicant has gone to Surat for his work, while deceased remained at the village and after five days of the same, deceased has committed suicide. It has been further submitted that family members of first informant were informed and at the time of inquest proceedings, which was conducted on 21.10.2020, first informant and his family members were present and first informant has been shown witness on the inquest proceedings but at that time no complaint was made by the first informant. It was submitted that after nine days, first information report was lodged on 30.10.2020. In the postmortem report, except ligature mark, no other injury has been shown and that cause of death of deceased has been shown ante-mortem hanging. It has been submitted that applicant has responsibility to maintain his two minor children and that now the applicant is languishing in jail since 10.11.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Chandrika involved in Case Crime No. 0173 of 2020, under Sections 498-A, 304-B of IPC and Section 3/4 of D.P. Act, P.S. Pilani, District Banda, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 26.10.2021 A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.10.28 10:32:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad