Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14812 of 2015 Applicant :- Sahdev Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikrant Rana,Birendra Singh Khokher Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Supplementary affidavit filed in the Court today is kept on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 221 of 2012, under Sections 302 and 328 I.P.C., P.S. Bahsuma, District-Meerut and is in jail since 27.2.2013, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant is the husband of the deceased-Babli who had committed suicide in her matrimonial home after consuming Aluminium phosphide due to their being a family dispute between her husband and his brother over partition of the ancestral property. He further submitted that from the evidence of Ram Kishore whose statement recorded during investigation, copy whereof has been brought on record as Annexure-11 to the affidavit accompanying the bail application, it is established that on the date of which the deceased had consumed poison, the applicant had also consumed poison, although he survived but his wife expired. The instant case is based upon circumstantial evidence which is not conclusive. The death had taken place after 9 years of the marriage and there is no allegation of any demand of dowry. The applicant and his wife were childless. He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 27.2.2013 is entitled to be released on bail during the pendency of the trial.
Per contra learned A.G.A. has opposed the prayer for bail.
Considering the submissions made by learned counsel for the applicant and the facts that the applicant has no criminal antecedents to his credit, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Sahdev be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 221 of 2012, under Sections 302 and 328 I.P.C., P.S. Bahsuma, District-Meerut with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.4.2018 SA