Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56183 of 2019 Applicant :- Rikshpal Opposite Party :- State of U.P.
Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Learned counsel for the applicant filed a supplementary affidavit on behalf of applicant and Sri Ankit Saran, learned counsel, has filed Vakalatnama on behalf of the complainant, let these documents be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. Initially an F.I.R. has been lodged under section 304 I.P.C. against the applicant and co-accused Manish, Bittu, Satto @ Sharda making general allegation for committing murder of the deceased. During investigation the case was converted under section 306 I.P.C. In post mortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. Except the ligature mark no other injury has been found on the body of the deceased. In the statement of Anu, minor son of the deceased aged about 4 years, it has come that in the evening on 22.9.2019 some quarrel has taken place in between the deceased and her husband. The husband of the deceased hurled abuses to the deceased. He slept about 8.00 p.m. In the morning his father told him that his mother has gone. From the statement of minor son it is evident that some quarrel has taken place in between the deceased and her husband. The applicant has no concern with the alleged incident and has falsely been implicated in the present case due to being father of the husband of the deceased. The applicant has not compelled the deceased to commit suicide. There is no cogent evidence with regard to abetment against the applicant. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 23.10.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that after the alleged incident the person of applicant threatened the informant not to do pairvi in the case. In this regard a first information report has also been lodged by the informant Pradeep on 16.11.2019 against the persons of the applicant. The dead body of the deceased was brought to the hospital by one Harikesh. The applicant and his family members have not gone to hospital. The applicant and other co-accused have committed the alleged offence, therefore, applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Rikshpal involved in Case Crime No. 354 of 2019, under Section 306 IPC Police Station Aurangabad District Bulandshahar 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 he will cooperate 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 :- 17.12.2019 Gss