Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28772 of 2021 Applicant :- Rahul Srivas Opposite Party :- State of U.P.
Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to prosecution version, marriage of first informant with deceased has taken place in the year 2008 and they were blessed with three children. Before 20 days of incident, the deceased has gone to her parental home and when first informant has gone to bring her back, she refused to come with him by saying that she would live with applicant Rahul and that she considers said Rahul as her husband. On 19.04.2021, dead- body of deceased was found in the bushes. As per post-morterm report, no injury was shown on the body of deceased and cause of death could not be ascertained and viscera was preserved.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. There are no allegations against applicant that he has instigated or abetted the deceased to commit suicide. Learned counsel submitted that the first informant has stated that deceased herself was insisting that she would remain with applicant. Learned counsel has also pointed out the statement of mother of deceased, who has also stated that deceased was not ready to go with her husband/informant and she was insisting that she would remain with applicant Rahul, whereas said Rahul was not ready for the same. Learned counsel has submitted that even considering the entire prosecution version, no case for abetment of suicide is made out against applicant. It has been submitted that the applicant is languishing in jail since 22.04.2021 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 Rahul Srivas involved in Case Crime No.59 of 2021, under Section 306 IPC, P.S.Uldan, District Jhansi, 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 :- 16.8.2021 Neeraj