Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28986 of 2021 Applicant :- Santosh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Shri Ram (Rawat),Indra Deo Mishra,Manoj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution version, the marriage of deceased with applicant has taken place in the year 2009 and they were blessed with four children. It has been alleged that due to harassment of applicant, on 21.02.2021 deceased has committed suicide.
It has been argued by learned counsel for the applicant that the applicant is husband of deceased and there is no evidence against applicant regarding any instigation or abetment to commit suicide. The marriage of deceased with applicant has taken place in the year 2009 and they have four children and that during period of about 12 years of matrimonial life, no complaint of any harassment was made against applicant. As per postmortem report, except ligature mark, deceased has not sustained any other injury and cause of death has been shown asphyxia as a result of ante-mortem hanging. Learned counsel has submitted that in fact deceased was a short tempered lady and used to believe in Ghost (Bhoot-Pret) and she committed suicide due to that reason. It was submitted that there is no evidence that applicant has abetted the deceased to commit suicide and that applicant has responsibility to maintain his four miner children and that now he is languishing in jail since 23.02.2021 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.
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 Santosh Kumar involved in Case Crime No.67 of 2021, under Section 306 IPC, P.S. Koraon, District Allahabad, 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 :- 16.8.2021 Neeraj