Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7421 of 2018 Applicant :- Rajeev Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Rajeev Kumar in Case Crime No.344 of 2017, under Section 306 I.P.C., P.S. Matsaina, District Firozabad.
Heard Sri Prem Babu Verma, learned counsel for the applicant and Sri Indrajeet Singh Yadav alongwith Sri Vivek Dubey, learned AGA on behalf of the State.
The submission of the learned counsel for the applicant is that it is a marriage that had turned 13-14 years old as mentioned in paragraph 5 of the affidavit; that the deceased committed suicide on account of something that was going on in the mind of the deceased of which little was known to others except that she had in the recent past being exhibiting some disoriented behaviour noticed by the children also; that the deceased has committed suicide by hanging herself to death in a room locked from within; that the fact that the the deceased committed suicide by hanging herself to death is supported by the post- mortem report where the cause of death is asphyxia as a result of ante-mortem hanging; that, in particular, the learned counsel for the applicant has invited the attention of the Court to the statement of the three children of parties namely Ankit s/o of Rajiv Kumar a boy of twelve years, Manish s/o of Rajiv Kumar aged about six years and Kumari Divya aged about nine years all of which have been annexed as Annexure-4 to the affidavit in support of the bail application and where the children have ruled out any issue of abetment to suicide by the applicant; and, that the applicant is a respectable man with no criminal history who is in jail since 24.09.2017.
Learned AGA has opposed the prayer for bail and submitted that the applicant being the husband is responsible for the safety and security of the wife. As such, he is not entitled to the concession of bail.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the evidence appearing in the case, the fact that there is no tangible evidence of abetment to suicide prima facie, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Rajeev Kumar involved in the aforesaid case be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.2.2018 Shahroz