Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17456 of 2019 Applicant :- Rajkumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against five accused persons namely, Rajkumar, Kewala Devi, Dinesh, Ramesh and Lallan alleging that the marriage of deceased Rajkumari @ Guddi was solemnized with Rajkumar before fifteen years, they tortured her due to which she committed suicide herself on 13.6.2017. According to postmortem report, cause of death was found asphyxia due to antemortem hanging. During investigation, the names of Dinesh and Ramesh were exonerated.
It is submitted by learned counsel for the applicant that applicant is the husband of deceased. Co-accused Lallan has already been granted bail by co-ordinate Bench of this Court. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. There is no possibility to get this case decided in short period in future. Deceased has committed suicide herself. He is languishing in jail since 15.6.2017 (more than one year and ten months months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rajkumar involved in Case Crime No. 229 of 2017, under Section 306 IPC, P.S. Mauaima, District Allahabad be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.4.2019 A. Singh