Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15666 of 2021 Applicant :- Faujdar Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Ashwaini Mishra Counsel for Opposite Party :- G.A.
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 father-in-law of deceased and that he has not committed any offence. It has been submitted that marriage of deceased with son of applicant was solemnized in the year 2013 but during seven years of her matrimonial life, no complaint was made against applicant or his family members. It has been submitted that there are no reasons why the applicant would harass the deceased after so much long period of marriage with son of applicant. Learned counsel submitted that there is absolutely no evidence that applicant has abetted the deceased to commit suicide. It was further stated that the prosecution version that deceased was imputed with allegation that she has stolen Rs. 50,000/- is thoroughly false and baseless. It has been further submitted that the applicant is languishing in jail since 27.01.2021, 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 Faujdar Chauhan involved in Case Crime No. 1033 of 2020, under Sections 498-A, 306 of IPC, P.S. Ghosh, District Mau, 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 :- 27.7.2021 A. Tripathi