Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43430 of 2017 Applicant :- Dhirendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit filed on behalf of the State today is taken on record.
Heard Arvind Kumar Singh, holding brief of Sri Manoj Kumar Srivastava, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA for the State.
This is an application for bail on behalf of Dhirendra in Case Crime No. 522 of 2017, under Section 306 IPC, P.S. Tirwa, district Kannauj.
The submission of the learned counsel for the applicant is that the case set out in the FIR is to the effect that on the day of occurrence while the victim had gone to her fields with her mother and father, the applicant who is a native of the village and had in the past indulged in an act of eve teasing came over to the victim and teased her by saying words to the effect that he would give her whatever she wanted the only condition being that she should acknowledge his love to everyone's hearing; that in a reaction to this the mother of the victim came forward and objected which led the aunt of the applicant who was also present there to humiliate the victim's mother and the victim; that it is alleged that the victim had been eve teased by the applicant regularly in the past which led the deceased on hearing those words in the presence of her mother and father to commit suicide in a room housing the tubewell standing on the fields by making noose to her Dupatta; that in the submission of the learned counsel for the applicant the entire FIR version is misplaced and false; that there was an on going relationship between the victim and the applicant which was not to the liking of the parents as the families were averse to each other; that on coming to know of the facts that the victim and the applicant had affinity, the family members, in particular, the first informant beat up the victim in a public place as asserted in paragraph 9 of the affidavit on account of which feeling humiliated she committed suicide; and, that in the submission of the learned counsel for the applicant assuming everything said in the FIR to be correct the proposal of the kind made by the applicant, a young man to a young woman, may not be called very desirable or may be uncivil behaviour but the same would not constitute instigation, aid or conspiracy that would fall within the mischief of abetment to suicide.
The learned AGA has opposed the prayer for bail with the submission that police after investigation have collected evidence on the basis of which they have charge sheeted the applicant. In his submission, there is a prima facie case against the applicant on the basis of which the applicant does not deserve indulgence of bail.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the evidence appearing on record, the contents of the FIR and other statements of witnesses, this Court without expressing any opinion on merits find it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Dhirendra involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
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.
4. 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.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 23.2.2018 Imroz