Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25436 of 2021 Applicant :- Nitin Saxena Opposite Party :- State Of U.P Counsel for Applicant :- Rahul Saxena,Gaurav Gupta Counsel for Opposite Party :- Shravan Kumar Pandey,Shyam Narain Pandey
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. The marriage of applicant with deceased has taken place in the year 2008 and they were blessed with three children but during period of 11 years of matrimonial life, there was no complaint of any dowry demand or harassment of deceased. It has been further submitted that in post-mortem report of deceased, no injury has been shown on the body of deceased and cause of death could not be ascertained and viscera was preserved and that as per viscera report, aluminium phosphide was found in the viscera of deceased. Learned counsel has submitted that there is no evidence that applicant had administered any such poison to deceased and in fact deceased has committed suicide and that there is no evidence that death of deceased is homicidal and thus, no offence under Section 302 IPC is made out. It was submitted that even if the prosecution version is taken as such, the offence would not travel beyond the mischief of Section 306 IPC. It was further submitted that applicant has responsibility to maintain his three children and that now he is languishing in jail since 18.06.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is husband of deceased and that there are allegations against him that he used to harass the deceased. Learned counsel has also referred the statement of children of deceased, who have also stated about the presence of applicant and other co-accused persons at the spot. It was submitted that before this incident, deceased was being harassed by applicant and his family members on account of dowry demand and other factors.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Nitin Saxena involved in Case Crime No.391 of 2020, under Section 302 IPC, P.S. Kotwali, District Mainpuri, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 Neeraj Digitally signed by RAJBEER SINGH Date: 2021.10.26 13:47:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad