Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32513 of 2019 Applicant :- Ravi Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Sharma,Abhas Sharma Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
By this application the applicant is seeking bail in Case Crime No. 1145 of 2018 under section 306 I.P.C. Police Station Kankarkhera District Meerut.
The allegation as per the FIR lodged by the first informant, are that the informant used to work in Chandigarh Univesity Mohali and his wife (deceased) was living in Meerut alongwith his two children. The applicant Ravi was neighbour of his wife and lured his wife and has developed illicit relations with her. It is further alleged that the said Ravi alongwith his family members hatched a conspiracy and took Rs.12,00,000/- from his wife and also her jewelry worth about Rs.15,00,000/- and he also used to take out money from the ATM Card of his wife. He has also made a blue film of his wife and used to blackmail her and also threatened her that if she demanded money he will uploaded the blue film on internet and will show it to the society and because of this his wife was mentally disturbed and was under depression. In the night of 17/18.9.2018 his wife committed suicide because of the mental torture.
The submission of the learned counsel for the applicant is that the applicant is a young boy of about 24 years and since the husband of the deceased used to reside outstation she developed illicit relations with the applicant and when the marriage of the applicant was settled the deceased objected to it and threatened him not to marry. It is further submitted that it is the applicant who has transferred Rs.13,00,000/- into the account of the deceased and also paid the electricity bill and other bills of the deceased. Infact, the deceased has herself developed illicit relation with the applicant, who is a young boy and when the family members of the applicant restrained the applicant not to maintain this relation with the deceased she has committed suicide and a false story has been concocted by the informant implicating the applicant as well as his family members.
Per contra, learned A.G.A. opposed the prayer for bail and submitted that the applicant has lured the wife of the informant and developed illicit relations with her and has also made blue films and threatened to show it to the society to bring disrepute to her because of which she became mentally sick and depressed and also committed suicide.
Having considered the rival submissions of the learned counsel for the parties, peculiar facts and circumstances of the case and the fact that the applicant is aged about 24 years whereas the deceased was aged about 36 years and was living alone in the neighbourhood of the applicant and without commenting on the merits of the case, prima-facie in my opinion the applicant is entitled for bail.
Let the applicant-Ravi involved in the above case be released on bail on his furnishing a personal bond and two sureties each of 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 o.k.