Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27450 of 2021 Applicant :- Gaurav Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Sharma,Prashant Sharma 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 innocent and he has not committed any offence. The marriage of deceased with applicant has taken place in the year 2015 and they have a child out of that marriage. The allegation that applicant and his family members used to harass the deceased, is false and baseless. In fact, the applicant along with his wife was residing at the parental home of deceased as Ghar Jamai. It was submitted that about 5-6 days prior to the incident, only some minor quarrel has taken place between the deceased and applicant as the applicant was not taking her with himself and due to that reason deceased has committed suicide by consuming some poison. There was no injury on the body of deceased and as per FSL report, aluminum phosphide has been found in viscera of deceased. Learned counsel has pointed out that during investigation the statement of first informant was recorded under Section 164 Cr.P.C. wherein he has stated that there was no dispute between deceased and her husband and that deceased was never harassed by applicant and that she was a short tempered lady and she has committed suicide due to that reason. Similarly learned counsel has also referred the statement of independent witness Mahendra Pratap Singh, who has also inter alia stated that applicant has never harassed the deceased. It has been further submitted that the applicant is languishing in jail since 05.06.2021, 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 Gaurav Chauhan involved in Case Crime No. 148 of 2019, under Section 306 IPC, P.S. Chandpa, District Hathras, 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 :- 12.8.2021 A. Tripathi