Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20682 of 2021 Applicant :- Smt. Sangeeta And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.,Rafeek Ahmad Khan
Hon'ble Om Prakash-VII,J.
Heard Sri Narendra Kumar Tiwari, learned counsel for the applicants, learned A.G.A for the State as well as Sri Pankaj Kumar Chaubey, holding brief of Sri Rafeek Ahmad Khan, learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have not committed present offence. They have been falsely implicated in this case. Offence levelled against them is not attracted. None of the ingredients of the offence under section 306 IPC are available against the applicants. At this stage, learned counsel has referred to the contents of the F.I.R. and the ingredients of the offence under section 306 IPC and further submitted that applicants, at no point of time, instigated the deceased to commit suicide. F.I.R. was lodged in this matter on the basis of false facts. It is further argued that applicants are languishing in jail since 20.3.2021 having no criminal antecedents. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and argued that deceased committed suicide due to instigation caused on part of the applicants.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that applicants have made out a case for bail. The bail application is allowed.
Let applicants Smt. Sangeeta and Dinesh @ Bandi involved in Case Crime No.42 of 2021 under Section 306 IPC, Police Station Ajnar, District - Mahoba be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
4. The applicants 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 ss