Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27242 of 2021 Applicant :- Rajesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Muktesh Kumar Singh,Ramkripal Yadav 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.
It has been argued by learned counsel for the applicant that the applicant is father-in-law of deceased and that he has not committed any offence. The marriage of deceased with son of applicant has taken place in the year 2014 and out of the marriage, they have two children aged 6 years and 4 years and that there are no reasons that why the applicant would harass the deceased or would abet her to commit suicide. It was submitted that deceased has committed suicide due to some dispute with her husband and that applicant was living separately from deceased and her husband. It has been further submitted that deceased has suffered injuries by train as she has gone to commit suicide on the railway track and that as per postmortem report, she has also consumed some poisonous substance but the viscera report is yet to be received. It was submitted that applicant is aged about 58 years and he is languishing in jail since 03.04.2021 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 and argued that applicant is father-in-law of deceased and there are allegations that applicant and his family members used to harass the deceased.
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 Rajesh Kumar involved in Case Crime No.102 of 2021, under Sections 323, 306, 498-A IPC & 3/4 of D.P. Act, P.S.Mughalsarai, District Chandauli, 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 :- 12.8.2021 Neeraj