Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45406 of 2017 Applicant :- Manoj Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Saini Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Devendra Saini, learned counsel for the applicant and Sri Indrajeet Singh, learned AGA along with Sri Kulvir Singh appearing for the State.
This is an application for bail on behalf of Manoj in Case Crime No. 219 of 2017, under Sections 498A, 306 IPC and 3/4 of D.P. Act, P.S. Kotwali City, District Bijnor.
The submission of the learned counsel for the applicant is that he is an outsider and stranger to the family and has been implicated merely because he is a friend of the deceased's husband; there is a categorical averment made in paragraph 9 of the affidavit that the applicant is neither a relative of the husband nor the deceased and has no concern with the family dispute inter se the husband and the deceased; that the case is one of an unabetted suicide where the wife after 15 years of marriage has committed suicide on the fateful day on account of a quarrel with her husband over the issue of going to her parent's place and the husband declined to permit her to do so. Learned counsel has invited the attention of this Court to the statement of the three children of the deceased-Sunita. The first and the foremost of the statements is that of Sneha Rani, a teenager of 14 years, who has very categorically stated that though there were bickerings between her mother and father, she does not speak about the complicity of the applicant. She has very categorically stated that after the incident her mother did not speak to anyone and was already dead when she was taken out of the room where she had set herself on fire. Likewise, the statement of the other children go who have said that the victim committed suicide in her room and was not in a position to speak to anyone by the time her grand parents (informant) arrived. None of the children have indicated any complicity of the applicant; that it is further submitted that under identical circumstance co-accused Jaswan, another friend and a neighbour of the parties, who is named as one of the strangers in the FIR has been admitted to the concession of bail by this Court vide order dated 08.01.2018 passed in Criminal Misc. Bail Application No. 675 of 2018.
Learned AGA has opposed the plea for bail and has pointed out that the first informant has specifically said in the FIR that the deceased was done to death by her husband and family including two strangers, one of whom is the applicant. He, however does not dispute the statements of the children recorded by the I.O. who are the most impartial witnesses of the entire occurrence. Learned AGA also does not dispute the fact of parity with the case of Jaswant.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the fact that the applicant is a stranger to the family and, that an identical circumstance co-accused Jaswant has been granted bail but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Manoj involved in the aforesaid case be released on bail on his 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 :- 30.3.2018 Imroz