Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42723 of 2021 Applicant :- Roshan Lodhi Opposite Party :- State of U.P.
Counsel for Applicant :- Vikash Bhatnagar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is father-in-law of deceased and he has been falsely implicated in this case. The marriage of deceased with son of applicant has taken place in the year 2013 and that there is absolutely no evidence that applicant has abetted the deceased to commit suicide. The allegation that applicant and co-accused persons used to harass the deceased on account of fact that she has no children, is false and baseless. It was submitted that in post-mortem report, no injury has been shown on the body of deceased and cause of death could not be ascertained and viscera was preserved but viscera report has not been received so far. Learned counsel submitted that besides the applicant, her five family members were also named in the first information report but three of the named persons, namely, Pankaj Lodhi, Balraj Lodhi and Neetu Devi have been exonerated during investigation as no case was found against them. It has been further submitted that similarly placed co-accused Shanti Devi, who is mother-in-law, of deceased has already been enlarged on bail by a co-ordinate Bench of this Court, vide order dated 30.7.2021, passed in Criminal Misc. Bail Application No.17815 of 2021. It has been submitted that the applicant is languishing in jail since 01.01.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly similarly placed co- accused Shanti Devi, who is mother-in-law, of deceased has already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Roshan Lodhi involved in Case Crime No.295 of 2020, under Section 306 IPC, P.S. Thariyanv, District Fatehpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.10.2021 Neeraj