Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2818 of 2019 Applicant :- Shyam Babu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pashali Slolanki,A.K. Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
This is an application for bail on behalf of Shyam Babu in Case Crime No. 4 of 2017 under Section 306 IPC, P.S. Manda, District Allahabad.
Heard Sri A.K. Singh Solanki, learned counsel for the applicant and the learned A.G.A. for State.
The submission of learned counsel for the applicant is that it is a marriage of brother of the applicant, namely, Ram Babu with the deceased Man Devi 13 years ago and he has been roped in by in- laws of the deceased through an FIR lodged under Section 302 IPC lodged through proceedings under Section 156(3) Cr.P.C.; that initially an information was given to the police on 07.09.2016 at the instance of first informant that was recorded as GD Entry no. 16 of that day which says no more than that the informant wants to know the cause of his daughter's death and an autopsy be done a fact asserted in paragraph no. 5 to the affidavit; that an inquest and PMR on the basis of aforesaid GD entry were conducted and to the proceedings of inquest, the brother of the deceased was a witness but did not express any suspicion about any crime as asserted in paragraph no. 6 to the affidavit; that after all medical reports became available, an opportunistic FIR to blackmail the applicant came to be lodged on 12.01.2017; that there is no clarification why it was not reported to the police at the time of inquest and PMR, a fact clearly stated in paragraph no. 12 of the affidavit; that the couple had children one being a son called Nikhil aged about 11 years whose statement was recorded under Section 161 Cr.P.C., a copy thereof is annexed as annexure no. 7 to the affidavit; that he has in his statement said that on the date of occurrence, his mother had sent him away to buy biscuits saying that she was not feeling well, and, thereupon all the three brothers, the children of the parties, left for the shop of one Durga at about 07:30; that after a short while they came to know that their mother set herself afire and was dead by time they reached home; that the son whose statement has been referred to specifically said that at that time his maternal grand-mother and aunt had gone to field whereas the grand-father had gone to answer the call of nature; that it has further been pointed out that there is on record the statement of one Hinch Lal who has said that he reached the place of occurrence at the time the deceased was taken out of a room locked within and no one was present in the house; that in the submission of learned counsel for the applicant there is no evidence of abetment placed on record and the deceased committed suicide on account of a routine quarrel between the husband and wife without any such instigation and aid as may constitute abetment. Last submission of the learned counsel for the applicant is that the co-accused, namely, Nankoo father-in-law of the deceased has also been enlarged on bail by this Court vide order dated 14th July, 2017, where as the another co-accused, namely, Ram Babu, husband of the deceased/brother of the present applicant has already been enlarged on bail by this Court vide order dated 12th February, 2018. The case of the present applicant is on better footin than aforesaid co-accused, who are father-in-law and husband of the deceased as the present applicant is the devar of the deceased. It is, thus, urged that the present applicant is also liable to be enlarged on bail.
Learned AGA has opposed the prayer for bail with the submission that the applicant is the husband and is answerable for the safety of his wife. However, at this stage, no evidence of abetment has been brought to the notice of the Court prima facie.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, 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 Shyam Babu involved in Case Crime No. 4 of 2017 under Section 306 IPC, P.S. Manda, District Allahabad 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.
(Rajeev Misra, J.) Order Date :- 22.1.2019 Sushil/-