Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11352 of 2018 Applicant :- Manphool Opposite Party :- State Of U.P.
Counsel for Applicant :- Arimardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Arimardan Yadav, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Vivek Dubey, appearing for the State.
This is an application for bail on behalf of Manphool in Case Crime No. 1252 of 2017, under Sections 306 IPC, P.S. Kannauj, District Kannauj.
The submission of the learned counsel for the applicant is that the deceased allegedly hanged herself to death while she was at home with two minor brothers on account of fact that she had been allegedly ravished by one Visram, the brother of the present applicant, who is in jail in connection with the said crime; that her relatives amongst whom, the applicant also has been named were bearing pressure upon the prosecutrix to withdraw from prosecution of the case against Visram, and in consequence of those pressure tactic the victim, the daughter of the informant committed suicide. Learned counsel for the applicant submits that he is the brother of Visram, has an independent household at a different house, a family and has no such affiliation to his brother that he would abet the daughter of the informant to commit suicide in order to bail out his brother. It is further submitted that there is no evidence to indicate as to what was the instigation or aid precisely used to abet suicide by the deceased. It is also submitted by learned counsel for the applicant that the FIR has been belatedly lodged on 04.09.2017 after an unexplained delay of 13 days which apparently falsifies the version as one based on afterthought and imagination; and, that there is a history of previous litigation between the applicant's brother and the first informant.
The learned AGA has opposed the bail plea with the submission that the police after investigation have collected evidence enough to chargesheet the applicant. As such, the applicant is not entitled to bail.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the severity of the punishment, 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 Manphool 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 :- 28.3.2018 Imroz