Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52514 of 2019 Applicant :- Pushpendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The applicant is brother-in-law of the deceased and the sister of the applicant namely, Deeksha have solemnized her love marriage with the deceased. The applicant has not committed any marpeet with the deceased and has not compelled the deceased to commit suicide. From the perusal of the suicide note it appears that the deceased had taken loan from several persons. In suicide note it has been mentioned that he is unable to return the loan. It has further been submitted that the applicant has not threatened the deceased. There is no direct evidence against the applicant. There is no cogent evidence with regard to abatement against the applicant. In postmortem report the cause of death of the deceased has been shown asphyxia due to hanging. The deceased has committed suicide himself.It has further been submitted that at the time of the alleged incident the applicant was doing job at Haryana. The applicant has no concern with the alleged incident. Only being the brother of wife of the deceased the applicant has falsely been implicated in the present case. Co-accused Naresh Kumar has already been released on bail by another bench of this Court vide order dated 15.10.2019 in Criminal Misc. Bail Application No.37728 of 2019, therefore the applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 2.9.2019.
Per contra, learned A.G.A opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Pushpendra Singh involved in Case Crime No. 107 of 2019, under Section 306 IPC P.S. Rajabpur, District Amroha be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.11.2019 A.