Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41454 of 2018 Applicant :- Rohit Kumar Pal Opposite Party :- State Of U.P. Counsel for Applicant :- K.K. Tripathi Counsel for Opposite Party :- G.A.,Alok Ranjan Tripathi
Hon'ble Rajeev Misra,J.
1. Heard Mr. K.K. Tripathi, learned counsel for the applicant, learned A.G.A. for the State and Mr. Alok Ranjan Tripathi learned counsel appearing for the complainant.
2. Supplementary affidavit filed on behalf of the applicant today in Court is taken on record.
3. This application for bail has been filed by the applicant-Rohil Kumar Pal seeking his enlargement on bail in Sessions Trial No. 328 of 2018 (State Vs. Rohit Pal) arising out of Case Crime No. 154 of 2018 under Section 306 I.P.C., P.S.-Roora, District- Kanpur Dehat during the pendency of the trial, now pending in the Court of District and Sessions Judge, Kanpur Dehat (Ramabai Nagar).
4. Perused the record.
5. From the record, it appears that an incident occurred on 27.05.2018, in which a young girl, namely, Baby, aged about 19 years committed suicide by hanging herself. The inquest of the body of the deceased was conducted on 27.05.2018 on the information given by one Arvind Kumar. In the opinion of the Panch witnesses, the death of the deceased was said to be suicidal. The first information report in respect of the aforesaid incident was lodged on 27.05.2018 by the father of the deceased, which came to be registered as Case Crime No. 0154 of 2018 under Section 306 I.P.C., P.S.-Roora, District-Kanpur
6. In the aforesaid F.I.R., Rohit Kumar Pal was named as the solitary accused. The post-mortem of the body of the deceased was conducted on 27.05.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the death of the deceased was on account of asphyxia as a result of ante- mortem hanging. Except for the ligature mark, no other external ante-mortem injury was found on the body of the deceased. The Police, upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C., has submitted the charge-sheet dated 02.06.2018 against the present applicant. Upon submission of the charge-sheet, cognizance was taken upon the same by the court concerned and ultimately the case was committed to the Court of Sessions. Accordingly, Sessions Trial No. 328 of 2018 (State Vs. Rohit Kumar Pal) came to be registered which is now pending in the Court of District and Sessions Judge, Kanpur Dehat (Ramabai Nagar).
7. From the perusal of the order-sheet of the above mentioned Sessions Trial Number, it is apparent that 12.12.2018 is the date fixed for framing of the charge.
8. Learned counsel for the applicant submits that the applicant is a young boy aged about 23 years. The applicant has no criminal antecedents to his credit except the present one. The applicant is in jail since 30.05.2018. He next submits that the applicant has been charge-sheeted under Section 306 I.P.C.. The proof of charge under Section 306 I.P.C. is subject to trial evidence. Upto this stage, there is no such evidence on record on the basis of which it can be said that the applicant has abetted in the commission of the alleged crime by aiding, conspiracy or instigation. On the aforesaid factual premise, it is is liable to be enlarged on bail.
9. Per contra, the learned AGA for the State and Mr. Alok Ranjan Tripathi, learned counsel for the complainant have opposed the prayer for bail. They submit that the applicant is the front door neighbour of the first informant and on account of immoral activity of the present applicant, the deceased has committed suicide. Thus, the present applicant has instigated in the commission of the alleged crime. It is therefore submitted that the present applicant does merit any sympathy of this Court and the bail application of the applicant is therefore liable to be rejected.
10. Having heard the learned counsel for the applicant, learned A.G.A. for the State and Mr. Alok Ranjan Tripathi learned counsel appearing for the complainant and upon consideration of the material brought on record as well as the complicity of the applicant but without expressing any opinion on merits of the case, I do not find any good ground to allow the present application. Consequently, the bail application of the applicant is hereby rejected.
11. However, at this stage, it is expected from the learned trial court to gear up the trial and make necessary endeavour to conclude the same within one year provided the applicant would render all necessary co-operation in early conclusion of the trial.
12. Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 26.11.2018 YK