Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2466 of 2019 Applicant :- Sonu Dixit Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the victim committed suicide after quarrel with her husband in the absence of all the family members, including the applicant. From the dying declaration it is clear that she committed suicide after quarrel with her husband. There is no specific allegation of abetement of suicide against the applicant. The marriage of the deceased took place 13 years back. The applicant is in jail since 07.09.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove and the material brought on record, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Sonu Dixit, be released on bail in Case Crime No. 287 of 2018, under Sections- 498-A, 323, 306 I.P.C., Police Station- Ramchandra Mission, District- Shahjahanpur, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.7.2019 Rohit