Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14963 of 2018 Applicant :- Smt. Radha And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Purushottam Dixit Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Purushottam Dixit, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants-Smt. Radha and Bhup Singh in Case Crime No.0180 of 2017, under Section 306 I.P.C., Police Station Bannadevi, District- Aligarh with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicants is that the applicants are parents of the deceased and F.I.R. was lodged against them by their daughter-in-law after about one and half months from the date of the incident. It is argued that prima facie, there is no material to demonstrate that the applicants, who are parents of the deceased, had instigated or abetted their son to commit suicide. The delay in lodging of the F.I.R. speaks volumes about fabrication and concoction of the story by the first informant for extraneous considerations. Both the applicants are more than sixty years of age. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 14.3.2018, having no criminal history to their credit, deserve to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants-Smt. Radha and Bhup Singh be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two eliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 24.4.2018 MN/-