Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15619 of 2018 Applicant :- Manoj Opposite Party :- State Of U.P. Counsel for Applicant :- Darwari Lal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Darwari Lal, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 20 of 2018, u/s 306 IPC, P.S. Subhash Nagar, District Bareilly with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that according to the F.I.R. lodged on 13.1.2018 at 10.33 pm by the father of the deceased it is alleged that his daughter (deceased) was aged about 26 years. She was teaching in Lata Public School and in the same school the applicant was also a teacher. It is alleged in the F.I.R. that the applicant enticed his daughter and on the pretext of getting married had made illicit relation with her and whenever his daughter used to ask for marriage he used to dillydally. He further submitted that though the deceased committed suicide by hanging in the room of the applicant but the reality is that since the applicant belongs to schedule caste and his parents were not agreeing to marry with the deceased which probably led to some altercation between them and deceased committed suicide by hanging; that there are independent witness of the vicinity, who have stated that when the applicant was out of the room the deceased by bolting the room from inside had committed suicide by hanging. The prosecution case that the applicant has strangulated her, is not supported by the medical evidence. Lastly it is contended that on 10.1.2018 itself on the presence of the informant inquest was conducted yet no complaint was made to the police against the applicant and after three days this entire case was cooked up. Prima facie there is no evidence to make out offence u/s 306 IPC.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Manoj involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.4.2018 Dhirendra/