Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47143 of 2017 Applicant :- Rajender Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
A certified copy of the FIR has been filed today which is taken on record as such, no order is required to be made on the exemption application.
This is an application filed on behalf of Rajender in Case Crime No.361 of 2017, under Section 306 I.P.C., P.S. Azeem Nagar, District Rampur.
Heard Sri Gaurav Singh, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA appearing for the State.
The submission of the learned counsel for the applicant is that the marriage between the parties was solemnized fifteen years ago and five children were born of the wedlock, the eldest daughter being ten years; that the wife of the applicant was a patient of hypertension and a short tempered lady and on the fateful day over a routine exchange of terse words regarding cooking of breakfast, after the applicant went away to drop his children to school she confined herself inside a room locked from within, doused herself in kerosene and set herself afire; that on the commotion that followed the door was broken into by an assemblage of neighbours who came to her rescue but that was too late and she succumbed to her injuries; that the applicant's in-laws out of a misplaced vengeance or for some other reasons best known to them have lodged an opportunistic FIR with patently incredible allegations that after fifteen years of marriage the applicant was asking them to give a motorcycle in dowry; that, in particular, learned counsel for the applicant has depended upon the statement of Kumari Sheetal, the eldest child of the parties who has given the days account which says that there was a routine dispute between her father and mother over cooking of breakfast punctually which enraged her mother so much that she locked herself in a room from within and set herself afire, a copy of the said statement being annexed as part of Annexure-6 to the affidavit; that in the submission of the learned counsel for the applicant the daughter of the parties is the most impartial witness besides others also who have spoken in the same vein; and, that the applicant is a respectable man with no criminal history who is in jail since 31.08.2017.
Learned AGA has opposed the plea for bail with the submission that while it is true that the case was initially registered under Sections 304B, 498A I.P.C. and 3/4 D.P. Act but after investigation the same has been converted to one under Section 306 I.P.C. The police having found material against the applicant, have filed a charge sheet and that the applicant being the husband cannot disown his responsibility for the safety and security of his wife.
Having considered the overall facts and circumstances, the gravity of the offence, the nature of allegations, the evidence appearing in the case 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 Rajender involved in the aforesaid case be released on bail on executing a personal bond and furnishing two-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