Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7619 of 2018 Applicant :- Sonu @Awansih Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Ram Babu Sharma, Advocate has put in appearance on behalf of the applicant with no objection from the counsel who filed this bail application Sri R.S. Tripathi. His appearance is taken on record.
This is an application for bail on behalf of Sonu @Awansih Kumar Singh in connection with Case Crime No.133 of 2017 under Section 306 IPC, P.S. Dataganj, District Budaun.
Heard Sri Ram Babu Sharma, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Vivek Dubey, learned counsel on behalf of the State.
The submission of Sri Ram Babu Sharma learned counsel for the applicant is to the effect that parties were married 9 years ago, a fact that is admitted now to the prosecution though it is said in the FIR initially lodged that marriage was 6 years old; that the deceased committed suicide by hanging herself to death also, an admitted case of the prosecution on account of a heated exchange between the deceased and the applicant over the issue of her younger sisters staying at the station they were studying along with the couple; that it is said that the applicant has enticed away the younger sister of the deceased Upasna which is projected by the prosecution to be the basic cause that served as abetment to the deceased but in the submission of learned counsel for the applicant the younger sister Upasna married the applicant in order to take care of the children though much was said about the issue that it was this incipient relationship which was the cause that led the deceased to commit suicide; that the present FIR has been lodged giving rise to the instant crime after a period of three months and a quarter with no explanation for the delay; that preceding the present one another FIR has been lodged by the informant on 28.11.2016 under Section 363, 366 IPC complaining the enticing away of the deceased's younger sister Upasna; that it is submitted that the prosecution has not at all brought on record a clear act of instigation, aid or abetment within the meaning of Section 107 IPC so as to attract the provisions of Section 306 IPC; and, that the applicant who is a respectable man with no criminal history is in jail since 09.07.2017.
Learned AGA has vehemently opposed the bail plea with the submission that it was the involvement of the applicant with his younger sister-in-law Upasna that served as abetment to the deceased to commit suicide; that the fact that there was an ongoing relationship between the applicant and his sister-in-law is evident from the fact that 7 days of her elder sister death Upasna married the applicant of which a separate FIR has been lodged by the informant against the applicant; that there is no explanation why the applicant married his younger sister-in-law except that they were carrying on earlier; and that under the circumstances a case of abetment against the applicant is squarely made out.
Having considered the submissions made and material on record, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship between the parties, the delay in lodging the FIR, this Court without expressing any opinion on merits finds it to be a fit case for bail. Anything said here would not prejudice the parties case at the trial in any manner.
Accordingly, the bail application stands allowed.
Let the applicant Sonu @Awansih Kumar Singh involved in Case Crime No. 133 of 2017 under Section 306 IPC, P.S. Dataganj, District Budaun 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.
Order Date :- 27.2.2018 Deepak