By means of this application, the applicant, who is involved in Case Crime No.251 of 2018, under Sections - 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station - Manjhila, District - Hardoi, is seeking enlargement on bail during the trial.
The submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 28.05.2019. It is further submitted on behalf of applicant that the deceased died by consuming poison and thereafter, the applicant and his family members brought her to the hospital for treatment, but she could not be saved. Thereafter, information was given to the family members of the deceased. Learned counsel for the applicant has further submitted that the inquest of the body of the deceased was conducted on 19.09.2018 at C.H.C. Shahbad. Learned counsel for the applicant has also drawn attention of the Court on the inquest report, in which the Tehsildar Shahbad, District Hardoi mentioned that in-laws of the deceased along with the family members of the deceased were also present at the C.H.C. Shahbad and he has further submitted that autopsy of the body of deceased was also conducted, in which no antimortem injury was found. In the FIR, it is alleged that the body of the deceased was hidden by the in-laws of the deceased after killing her. Learned counsel for the applicant has further submitted that the statement of sister of the complainant was recorded by the Investigating Officer under Section 161 Cr.P.C. which is appended as Page 32 in which she categorically stated that she was the mediator of marriage of deceased with Jeetu and the marriage was solemnized in the year of 2017, but she never received any information about demand of dowry. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
It is further submitted that during the trial the statement of the informant i.e. father of the deceased and brother of the deceased have been recorded, wherein they have denied any such allegation as mentioned in the F.I.R. and also denied the statements recorded under Section 161 Cr.P.C. by the Investigating Officer, the copy of the statements have been enclosed to the rejoinder affidavit. It is further submitted that other co-accused persons Mayawati and Murli have been granted bail by this Court vide its order dated 6.9.2019 and 01.11.2019 in Bail No.8519 of 2019 and Bail No.9738 of 2019 respectively.
On the other hand, learned A.G.A. has opposed the prayer for grant of bail and has submitted that from the F.I.R. and the statement of the informant, the offence is made out against the applicant, but unable to dispute the statements of the informant and his family members during the trial as mentioned above.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let applicant (Jeetu) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
(i) The applicant shall however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 25.8.2021 S. Kumar