Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.194 of 2021, under Sections 306 I.P.C., Police Station Tandiyawan, District Hardoi, with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He also submitted that on the date of incident, the deceased committed suicide and the information of the same was given by the father of the deceased to the police station concerned (copy of application/information is appended as annexure No.3 to the bail application) in which he categorically stated that on the date of incident at about 11:00 a.m., they were working in the agricultural field and his daughter, who was staying at house, has committed suicide. He also submitted that inquest of the body of the deceased was conducted on the same date of incident, but no any complaint was made in relation to abetment of the deceased by the applicant, and later on, the F.I.R. in question was lodged.
Learned counsel for the applicant has further submitted that during the course of investigation, the statement of independent witnesses namely Deshraj was also recorded by the Investigating Officer and he denied the prosecution version as stated by the informant. He also submitted that no any evidence in relation to the abetment was collected by the Investigating Officer during the course of investigation. He also submitted that the applicant does not have any criminal antecedent and he is jail since 25.05.2021. He also submitted that charge sheet has already been filed and there is no possibility for tampering of any evidence. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that during the course of investigation, this fact came into notice that the deceased was slapped by the applicant, but he does not dispute this fact that the statement of Deshraj was also recorded by the Investigating Officer, who has not supported the prosecution version.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Rahul @ Shalu - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 24.8.2021 S. Shivhare