Heard the learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Ram Sahai @ Ram Sanehi for grant of bail, in Case Crime No. 155/2019, under Sections 306 & 406 IPC, relating to Police Station Sahabad, District Hardoi, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and he has not committed any offence as claimed by the prosecution.
It is further submitted that the allegation against the applicant is that the deceased on the fateful day had come to take her wife (daughter of applicant) with her. However, some quarrel took place and the instant applicant refused to send his daughter with the deceased and thereafter the applicant and other accused persons assaulted the deceased and forcefully administer poison and left the deceased at his village.
Highlighting the above factual prosecutrix it has been overwhelmingly submitted that during investigation these allegations have not been found truthful as the charge sheet has been submitted under Section 306 IPC and even if the story of prosecution as investigated by the Investigating Officer is taken on its face no over act has been assigned to the applicant, which may be construed as either instigation or aid which may incite the deceased to commit suicide and also there is no direct nexus between the act of refusal of the applicant to send his daughter with the deceased and the commission of suicide by the deceased as admittedly the dead body of the deceased has been found in the village of the deceased.
It is also submitted that the applicant is in jail in this matter since 23.2.2020 and he is not having any criminal antecedent as also the material/ evidence which has been collected by the Investigating Officer for the purpose of filing of charge sheet is so weak that it is impossible for the prosecution to secure conviction of the applicant in the trial.
It is also submitted that charge sheet in the matter has also been submitted and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or will misuse the liberty of bail.
Learned A.G.A., however, opposes the prayer for bail but could not dispute the other factual submissions made by the learned counsel for the accused-applicant.
Having regard to the other facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant-Ram Sahai @ Ram Sanehi involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.2.2021 Muk