Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20306 of 2018 Applicant :- Soni Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.109 of 2018, u/s 306 IPC, P.S. Gurusahaiganj, District Kannauj.
It is submitted by learned counsel for the applicant that according to the prosecution, on 3.3.2018 at about 9.00 pm informant's daughter Kajal aged about 16 years was assaulted and was abused by the applicant and other family members. Thereafter his daughter feeling humiliated and insulted committed suicide, she has also left behind a suicide note, which has been annexed as annexure-6 to the affidavit. It is argued that perusal of the suicide note prima facie shows that there are no essential ingredients of instigation or abetment on the part of the applicant which prompted her to commit suicide. It is lastly contended that similarly situated co-accused Ram Naresh has already been granted bail by another Bench of this Court vide order dated 24.5.2018 in Criminal Misc. Bail Application No.-19491 of 2018, photocopy of which has been filed and taken on record.
Learned A.G.A. has opposed the prayer for bail and submitted that in the suicide note specific allegation of harassment and assault has been levelled against the applicant and other co-accused. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Soni involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 Shalini