Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8075 of 2018 Applicant :- Kali Deen Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Santosh Kumar, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Kulvir Singh appearing for the State.
This is an application for bail on behalf of Kali Deen in Case Crime No. 481 of 2017, under Sections 306, 504, 506 IPC, P.S. Gajner, District Kanpur Dehat.
The submission of the learned counsel for the applicant is that the main allegation is against Rahul @ Bablu who is said to have eve teased the deceased that led to a quarrel between the families and gossip in the neighbourhood which in turn led an oversensitive victim to commit suicide by hanging herself; that the applicant has in no way directly instigated, aided or done an act of conspiracy as may constitute abetment to suicide; that there is no evidence as to abetment appearing against the applicant; that the applicant is the father of the main accused Rahul @ Bablu, an elderlyman who cannot be credited with any act of the kind complained of against him prima facie; that the FIR in the case has been lodged after a delay of seven days with no explanation; that on an identical allegation co-accused Shiv Kanti and Babli, the mother and sister of the main accused Rahul @ Bablu have been admitted to the concession of bail by this Court vide order dated 12.02.2018 passed in Criminal Misc. Bail Application No. 4892 of 2018 entitling the applicant to bail on the ground of parity; and, that the applicant who is a respectable man is in jail since 08.12.2017.
Learned AGA has opposed the bail plea with the submission that the applicant supported the main accused in misbehaving with the deceased's family that led her to commit suicide. However, learned AGA does not dispute the factum of parity.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the severity of the punishment, the nature of evidence, the plea of parity but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Kali Deen involved in the aforesaid case be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.2.2018 Deepak