Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11311 of 2018 Applicant :- Shakeel Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Navneet Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri N.K. Mishra, learned counsel for the applicant, Sri Mukesh Kumar, who has put in appearance on behalf of the complainant and Sri Indrajeet Singh, learned AGA for the State.
This is an application for bail on behalf of Shakeel Ahmad in Case Crime No. 27 of 2018, under Sections 498A, 304B, 506 IPC and Section 3/4 of D.P. Act, P.S. Kotwali Ghazipur.
The submission of the learned counsel for the applicant is that the applicant is the father-in-law; that there are general allegations with no specific role being assigned to him; that the husband stays away from the country in the kingdom of Saudi Arabia in connection with his employment; that the deceased committed suicide on account of issues with her husband in a room locked/bolted from within; that the applicant upon finding the deceased locked called the police at No.100 facility who arrived and it was in the presence of the police that the door of the room where the deceased had hanged herself to death was broken into, a fact that has been affirmed on instructions received by the learned AGA vide paragraph 7 of the affidavit; that the applicant is an aged man of 62 years with age related ailment as said in paragraph 11 of the affidavit; and, that the applicant who is a respectable man with no criminal history is in jail in connection with present crime since 24.01.2018.
Learned counsel for the complainant has vehemently opposed the plea for bail with the submission that the applicant who is the father-in-law and in the absence of husband from the country he being the senior most male member in the household is responsible for the safety and security of his daughter-in-law.
The submission of the learned counsel for the complainant further is that the act of suicide committed by the daughter-in- law is not something of which the father-in-law, in the peculiar circumstances that he is placed in, in the absence of the husband, that he can shake off and that it is a case of an unnatural death of a wife not only within seven years of marriage but within one year of marriage where the deceased was carrying a matured foetus of eight months.
Learned AGA has also opposed the prayer for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. However, learned AGA does not dispute the the fact that allegations against the applicant are general in nature; and, that the deceased was found hanging in a room bolted within that was broken into by the police.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the relationship of the applicant to the deceased, in particular, the fact that the deceased was found hanging in a room bolted from within but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Shakeel Ahmad involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.3.2018 Imroz