Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53812 of 2021 Applicant :- Gajendra Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Amit Rai,Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vikas Sharma, learned counsel holding brief of learned counsel for the applicant and Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Gajendra, with a prayer to release him on bail in Case Crime No. -281 of 2021, under Section -306 I.P.C., Police Station -Mansoorpur, District -Muzaffar Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 01.11.2021, the applicant is in confinement since 07.11.2021;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant has been falsely implicated owing to other disputes and misunderstanding. The marriage between the applicant and the deceased was ten years old. There are three children born from the marriage. There is no earlier complaint of any cruelty or harassment caused by the applicant. Thus, it has been stated that the FIR has been lodged belatedly much after the informant side had participated in the panchayatnama as also the last rites of the deceased, merely by way of an afterthought. There is no positive act attributed to the applicant as may have provoked the deceased to commit suicide.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2021 S.Chaurasia Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.22 09:55:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad