Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44593 of 2021 Applicant :- Sher Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Sanjay Singh, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Facts in brief are that on 03.08.2021 wife of the applicant committed suicide by hanging. F.I.R. in this regard was lodged by son of the applicant with allegation that applicant committed ill-treatment with the deceased prior to the incident alongwith his family members.
It is submitted that applicant is innocent and has been falsely implicated in this case who is aged about 60 years. The incident took place after 30 years of marriage and son of the deceased is aged about 25 years. No any injury has been found on the person of deceased. On account of her over sensitive nature she committed suicide. The applicant is languishing in jail since 14.08.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail and urged that there was dispute relating to property which was transferred in favour of younger sister of deceased and that was the reason applicant ill-treated her, as a result she committed suicide by hanging, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, nature of the evidence on record and without expressing any opinion on the 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 Sher Singh involved in Case Crime No.95 of 2021, under Sections 306/34 I.P.C., Police Station Khajuriya, District Rampur, 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 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.
Order Date :- 22.12.2021 Ashok Gupta