Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11598 of 2018 Applicant :- Rajendra Dubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Rajendra Dubey in connection with Case Crime No. 37 of 2010 under Sections 306 IPC, P.S. Chandpur, District Fatehpur.
Heard Sri Manvendra Singh, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that he has been falsely implicated in the present crime making out a case of a love affair between the deceased and the applicant where as per the prosecution jilted in love, the deceased who had gone to elope with the applicant committed suicide; that according to the applicant that there is no evidence against the applicant and the deceased Ms. Shashi being seen together on or about the date of incident; that the assertions about love affair between the two is a story floated by the deceased's family on a mere suspicion that on the date of incident she had gone to the applicant's tube well where after on refusal to marry by the applicant she committed suicide; that there is no evidence of the deceased being seen with the applicant at his tube well or elsewhere; that there was absolutely no evidence during the first four months of investigation; that on 05.09.2010, the Investigating Officer out of fertility of his imagination introduced one Ram Saran who has said that he had seen the deceased Shashi going towards the fields where the applicant's tube well is located and nothing more; that the fact in the submission of learned counsel for the applicant is that Shashi was a head strong girl who would leave her house as per her wish and has committed suicide for reasons best known to her; that it was only after the recovery of her dead body that the first information report has been lodged with an unexplained delay of four and a half months of the occurrence; that there is no evidence on record to show any act of instigation, aid or conspiracy that may attract the provisions of Section 107 IPC and a fortiori an offence under Section 306 IPC as said in paragraph no. 30 of the affidavit; and, that the applicant is a respectable man with no criminal history who is in jail in the present crime since 13.03.2018.
Learned AGA has opposed the bail plea with the submission that it is a case where the applicant has ditched the deceased in an intimate relationship of love between the two which has caused the deceased to commit suicide. He has however failed to point out any tangible evidence showing the presence of the applicant with the deceased at the place of occurrence or elsewhere prima facie or any act or word of instigation which may lead to an inference about abetment.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
It is made clear that anything said in this order will not affect the assessment on evidence by the trial court on merits and the trial court would free to record to its conclusions based on the evidence led at the trial uninfluenced by this order.
Accordingly, the bail application stands allowed.
Let the applicant Rajendra Dubey involved in Case Crime No. 37 of 2010 under Sections 306 IPC, P.S. Chandpur, District Fatehpur 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 :- 30.3.2018 Deepak