Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44553 of 2021 Applicant :- Mustafa Opposite Party :- State of U.P.
Counsel for Applicant :- Shri Chandra,A.K. Verma Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Facts in brief are that deceased was married to applicant prior to 15 years from the incident. She committed suicide by hanging in her marital house.
It is submitted that applicant is innocent and has been falsely implicated in this case being husband of the deceased. There is female child aged about 8 years. No any injury was caused to the deceased and even during post-mortem no injury was found on the person of the deceased except ligature mark. It is further submitted that she was under depression for the reason that no male child was born to her during these wedded period so she committed suicide. At the time of incident applicant was out of his house in order to earn the livelihood. No one is there to look after female child. The applicant is languishing in jail since 28.04.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, nature of evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mustafa involved in Case Crime No.0101 of 2021, under Sections 306 I.P.C., Police Station Khakhreru, District Fatehpur, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. 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 breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 16.12.2021 Ashok Gupta