Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48038 of 2017 Applicant :- Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- S.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit filed today on behalf of the State is taken on record.
This is an application for bail filed on behalf of Rakesh in Case Crime No.203 of 2017, under Sections 201, 306 I.P.C, P.S. Lodha, District Aligarh.
Heard Sri S.P.S. Chauhan, 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 his daughter has committed unabetted suicide but he was reported to the police by one Rghuraj Singh, the Village Pradhan on a specific allegation that he had shot his daughter on the basis of which a First Information Report under Sections 302, 201 IPC was registered; that later on during investigation the police collected evidence and extensively recorded the statements of natives in the village including the neighbours of the applicant, all of whom testified to the fact that the only issue in the family was that the applicant on account of a parent's anxiety would chastise his daughter to devote time to studies instead of engaging herself in long winded conversation over her mobile phone to unknown friends; that the preponderant statements of the natives of the village and neighbours show that on the fateful day on 12.06.02017 taking umbrage to the aforesaid chastisement by the father, the deceased committed suicide by shooting herself to death using a country made pistol that was at hand while the entire family were away to the fields engaged in their agricultural work; that on the basis of these statements the case was converted to one under Section 306 IPC; that it is submitted by Sri Chauhan that the evidence as it appears against the applicant does not make out a case of instigation, aid or conspiracy so as to qualify as abetment within the meaning of Section 107 IPC and, therefore, to constitute an offence under Section 306 IPC.
It has further been submitted by the learned counsel for the applicant that the First Information Report was lodged against the applicant as would appear from the statements of neighbours and natives by the first informant because the applicant had opposed the first informant in his political ambitions to become the Village Pradhan; and, that the applicant is a respectable man with no criminal history who is in jail since 15.07.2017.
Learned AGA has opposed the prayer for bail with the submission that the statements recorded by the police clearly disclose a case of abetment to suicide against the applicant. However, he does not dispute the fact that his daughter committed suicide while the family were away. It is also submitted that the dead body was cremated without information to the police which attracts Sections 201 IPC.
Considering 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 Rakesh 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 :- 27.2.2018 Shahroz