Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38819 of 2017 Applicant :- Navneet Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Sheshadri Trivedi,Umashanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Navneet Kumar Singh in connection with Case Crime No. 210 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Adalhat, District Mirzapur.
Heard Sri Satish Trivedi, learned Senior Counsel assisted by Sri Ajay Kumar Pandey, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA appearing on behalf of the State.
The submission of learned Senior Counsel for the applicant who is the husband, is that the deceased, going by the contents of the FIR, committed suicide while she was staying at her parents' home which she did in the manner that she said that she was going out to fill up her B.T.C. examination (improvement) online form but proceeded to a place called Narayanpur where in a state of depression, she jumped before an oncoming train; that Sri Trivedi has very fairly pointed out that in the FIR it is said that action was allegedly taken because there was a proposal to send the deceased back to her in-laws after negotiations which struck such fear in the heart of the deceased that she took the extreme step; that, in the submission of learned Senior Counsel, the fact remains that whatever be the mental state of the deceased when she took the fatal step she was in the care of her parents, and, whatever happened at her parents home, the applicant cannot be held liable; that it has further been argued that the FIR for the offence charged was not lodged promptly; rather it was lodged after an unexplained delay of five days which shows that it is a product of after thought, an opportunistic FIR brought for some extraneous purpose after the event; and, that the applicant is a respectable man with no criminal history who is in jail since 24.07.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. However, he fairly submits that the incident has happened while the deceased was living with her parents.
Considering the overall facts and circumstances, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the deceased was living with her parents at the time of occurrence but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Navneet Kumar Singh involved in Case Crime No. 210 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Adalhat, District Mirzapur be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing 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, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.2.2018 Deepak