Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31897 of 2021 Applicant :- Mahendra Pratap @ Babloo Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Ker Singh,Vineet Singh Parmar Counsel for Opposite Party :- Rohit Yadav
Hon'ble Om Prakash-VII,J.
This Bail Application has been filed on behalf of the applicant – Mahendra Pratap @ Babloo involved in Case Crime No.33 of 2021 under sections 452, 354, 506, 306 IPC, Police Station Linepar, District Firozabad.
Heard Sri Ram Ker Singh, learned counsel for the applicant and learned A.G.A. for the State as well as Sri Rahul Yadav, learned counsel for the informant.
Submission of learned counsel for the applicant is that the applicant is innocent and has not committed any offence. He has has been falsely implicated in this case. It is further submitted that in this matter, F.I.R. was lodged belatedly for which no plausible explanation has been given. Incident is said to have taken place on 2.2.2021 whereas F.I.R. was lodged on 17.2.2021. Referring to the contents of the F.I.R., it is further argued that deceased committed suicide herself for the reason best known to her. Dying declarations said to have been recorded in the matter are not reliable document. If dying declarations recorded in the matter are taken into consideration, then also ingredients of the offence under section 306 IPC are not available against the applicant. To substantiate this argument, learned counsel for the applicant has referred to the dying declarations and has also placed reliance on the judgments of the Hon'ble Supreme Court in Velladurai Versus State represented by the Inspector of Police, LL 2021 SC 456 and M Arjunan Versus State represented by its Inspector of Police, 2018 LawSuit (SC) 1264. It is further submitted that offence under section 306 IPC is not attracted in this matter. Applicant is languishing in jail since 13.3.2021, having no criminal antecedents.
Learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail and argued that applicant entered into the house of the deceased and molested her. When she objected, she was threatened by the applicant of dire consequences. Due to this reason, she committed suicide by pouring petrol on her body and setting her ablaze. Thus, attending circumstances of the present matter clearly attract the offence punishable under section 306 IPC. A prima facie case is made out against the applicant.
I have considered the rival contentions raises by learned counsel for the parties and have gone through the record.
In this matter, as is evident from the record, deceased committed suicide due to the act committed by the applicant. She was molested by the applicant. True facts have been stated by her in the statement recorded under section 161 Cr.P.C. and in the dying declarations recorded by the competent authority. Thus, applicant does not get any help with the case laws relied upon by the learned counsel for the applicant, as facts of the present matter are entirely different from the facts of the case laws cited by the learned counsel for the applicant.
Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature and gravity of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, the Court is of the view that the applicant has not made out a case for bail.
The application for bail of the accused-applicant is rejected.
Order Date :- 23.9.2021 ss Digitally signed by OM PRAKASH Date: 2021.09.27 17:18:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad