Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6875 of 2018 Applicant :- Kailash Opposite Party :- State Of U.P.
Counsel for Applicant :- Ankit Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Supplementary affidavit filed on behalf of applicant today in Court is taken on record.
This is an application filed on behalf of Kailash in connection with Case Crime No. 1385 of 2017, under Section 306 I.P.C., P.S. Hapur Kotwali, District Hapur.
Heard Sri Ankit Srivastava, learned counsel appearing for the applicant and Sri Kamal Singh Yadav, learned A.G.A. appearing on behalf of State.
The submission of learned counsel for the applicant is that marriage between the parties was solemnized 15 years back; that the applicant is a cousin to the husband of the deceased; that he lives separately and independently of the parties facts regarding which are mentioned in paragraph 13 of the affidavit; that the husband and wife lived together happily for all these 15 years but recently on account of being an issue-less couple, they were going through a rough patch in life with high levels of anxiety; that the deceased committed suicide as admitted in the F.I.R. by consuming poison though the applicant along with his family members rushed her to the hospital for medical aid; that allegations are general in nature; that no specific role has been assigned to the applicant; that there is no tangible and positive evidence collected during investigation as to abetment appearing against the applicant; and, that the applicant is respectable man with no criminal history who is in jail 10.01.2018.
Learned A.G.A. has opposed the plea for bail with the submission that it is a case of death of a wife in her matrimonial home and the wife has committed suicide that police has charge-sheeted other family members with the applicant; and, that connecting the evidence of dispute between the husband and wife, the applicant is not entitled to bail. However, the learned A.G.A. does not dispute the fact that the applicant is a cousin of deceased's husband and living separately.
Considering the aforesaid facts and circumstances, the gravity of the offence, the nature of allegations, the relationship of the applicant to the deceased which is remote, but without expressing any opinion on merits this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Kailash involved in Case Crime No. 1385 of 2017, under Section 306 I.P.C., P.S. Hapur Kotwali, District Hapur be released on bail on executing a personal bond and furnishing two- 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.2.2018 M/A.