Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7683 of 2018 Applicant :- Satyabhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Satyabhan in connection with Case Crime No. 414 of 2017 under Section 306 IPC, P.S. Rajpura, District Sambhal.
Heard Sri Rajendra Kumar Yadav, learned counsel for the applicant and Sri Saqib Meezan, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that he is the estranged husband of the deceased in a marriage of 15 years; that there was pending litigation between the parties and the deceased was not staying at her matrimonial home; that some months before the occurrence the brother-in-law (Bahnoi) of the deceased for whatever reason asked the applicant's estranged wife over to his home from her parents where she was staying for some months and she suddenly committed suicide by hanging herself by a tree near the house of her brother-in-law (Bahnoi); that thereafter the dead body of the deceased was brought, perhaps keeping in accordance with certain religious custom to the applicant's house before funeral; that there was no communication between the husband and wife during all these years so as to offer a basis or ground for any kind of instigation, aid or conspiracy that would amount to abetment; that there is no evidence of abetment whatever on the applicant's part; that suicide committed by the applicant's estranged wife is to be explained by her brother-in-law (Bahnoi) who had invited her over to his place where she committed suicide; and, that the applicant who is a respectable man with no criminal history is in jail since 07.09.2017.
Learned AGA has opposed the bail plea with the submission that it is the responsibility of the husband to ensure the safety and security of the wife. However, learned AGA does not dispute the fact that the applicant and deceased were not living together for years and there was no communication between the two as also the fact that the deceased committed suicide while in the care and company of her brother-in-law (Bahnoi).
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant atyabhan involved in Case Crime No. 414 of 2017 under Section 306 IPC, P.S. Rajpura, District Sambhal be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.2.2018 Deepak