Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56967 of 2019 Applicant :- Rohit Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Mishra,Shailendra Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is Bahnoi of the deceased.The applicant has been falsely implicated in this case. The F.I.R. of the alleged incident has been lodged on the basis of an application moved under section 156(3) Cr.P.C. Initially the F.I.R. was lodged under section 376-D and 302 I.P.C. and section 4 POCSO Act. During investigation the case was converted under section 306 I.P.C. As per post mortem report the cause of death of the deceased could not be ascertained therefore, viscera was preserved. In viscera report D.D.V.P. insecticide poison has been found to the deceased. In the first information report it has been mentioned that the brothers of the applicant namely, Atul Kumar and Mohit Kumar committed rape upon the deceased. The allegation against the applicant is that at the time of alleged incident the deceased was at the house of the applicant and the applicant threatened the deceased to remain silence. It has further been submitted that the applicant has not threatened the deceased. The deceased has committed suicide herself. There is no direct evidence with regard to abetment against the applicant. The applicant has not harassed or tortured the deceased and has not compelled her to commit suicide. There is no allegation of rape against the applicant. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. There is no criminal history of the applicant and is in jail since 10.8.2019..
Per contra, learned AGA opposed the prayer 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 Rohit involved in Case Crime No.236 of 2018, under Section 306 IPC Police Station Mangalpur District Kanpur Dehat 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 :- 20.12.2019 Gss