Heard Sri Anil Kumar Tripathi, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 37 of 2020 under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Badagaon, District Varanasi, during the pendency of trial.
As per F.I.R. lodged by father of the deceased Baliram Singh, he had married his daughter Suneeta on 18.11.2016 with the accused-applicant and soon thereafter she began to be beaten up for non fulfillment of the additional dowry of Rs. 2,00,000/- and on 29.1.2020 in the morning accused-applicant along with other co-accused named in the F.I.R. killed her after beating her and gave information to the informant that her condition was not good and when he reached there he found the deceased in dead condition. In post-mortem report, cause of death is recorded as asphyxia as a resut of hanging and hyoid bone has been found NAD and only one ligature mark has been found sustained by her.
Submission made by the learned counsel for the applicant is that it is a suicidal death and not a homicidal one. It is further argued that deceased was not satisfied with the accused-applicant and because of depression she has committed suicide. He has no criminal history. He is in jail since 31.1.2020. If released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Sabhajeet Patel involved in aforesaid crime 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 that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 7.1.2021 A.P. Pandey