Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51570 of 2019 Applicant :- Raju Opposite Party :- State of U.P.
Counsel for Applicant :- Saqib Meezan,Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased about 20 years ago and there are five children from the wedlock of the applicant and deceased. The applicant has not harassed or tortured the deceased and has not compelled the deceased to commit suicide. In the statement of Km. Uma (daughter of the applicant) it has come that some objectionable video was uploaded by the deceased on net. The applicant opposed the same due to which the deceased has committed suicide herself. It has further been submitted that the deceased has committed suicide herself. There is no cogent evidence with regard to abatement against the applicant. As per postmortem report the cause of death of the deceased could not be ascertained therefore, the viscera was preserved. In viscera report no poison has been found to the deceased. The real fact is that the deceased has committed suicide herself. The applicant has no concern with the alleged incident. The applicant has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 24.3.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Raju involved in Case Crime No. 125 of 2019, under Sections 306, 201 IPC P.S. Iglas, District Aligarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019 A.