Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39467 of 2019 Applicant :- Jalandar Alias Jaladhar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sanjay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Deepak Kumar Tripathi, learned counsel for the informant and learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that applicant is in government service and has been falsely implicated in the present case. It is further contended that FIR was lodged in pursuance of an application under Section 156(3) Cr.P.C. and the application was filed after 18 days of the alleged incident; there is no evidence which may show the active participation of the applicant in the alleged crime and which may show abetment on the part of the applicant. It is next submitted that deceased was in a consensual relationship with the applicant and both the parties have decided to marry with each other, the parents of the girl were not willing for marriage, thus, girl has committed suicide in her own house and now applicant is being blamed. The entire career of the applicant is going to jeopardize. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail, counsel for the informant on the other hand has informed the Court that applicant had promised to solemnize marriage with the deceased and she was sexually exploited under the garb of solemnization of marriage and at subsequent stage after getting job in police service applicant refused for marriage, thus, victim has committed suicide.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Jalandar Alias Jaladhar involved in Case Crime No. 0230 of 2019 under Section 306 I.P.C., Police Station Dhanghata, District Sant Kabir Nagar, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(a) That applicant is hereby restrained from contacting the family member of the deceased in any manner whatsoever he and his family members are hereby injuncted and they are also restrained from trying to influenced either the witness or family members of the deceased. In case they misuse the liberty of which is being given, the family members of the deceased may file an affidavit seeking recall of this order before this Court itself.
(i) the applicant will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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;
(iv) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. Concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 26.9.2019 Ujjawal