Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43863 of 2021 Applicant :- Phool Chandra Opposite Party :- State of U.P.
Counsel for Applicant :- Harsh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, 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. It was stated that marriage of elder sister of deceased has taken place with applicant in the year of 2007 and later on deceased has also started living there. The allegations regarding dowry demand and harassment of deceased made against applicant are false and baseless. It was submitted that deceased was mentally upset and she has committed suicide due to that reason. There is no evidence that applicant has abetted the deceased to commit suicide. It has been further submitted that statement of first informant as well as father of deceased have already been recorded before the trial court, wherein, they have not supported the prosecution version and turned hostile. It has been submitted that the applicant is languishing in jail since 21.09.2020 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. has opposed the prayer for bail.
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 Phool Chandra involved in Case Crime No.203 of 2020, under Section 306 IPC, P.S. Jahanabad, District Fatehpur, 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 :- 28.10.2021 Neeraj