Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38255 of 2019 Applicant :- Sudhir Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ajatshatru Pandey Counsel for Opposite Party :- G.A.,Ankit Saran
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.
This application, under Section 438 Cr.P.C., has been filed by the accused-applicant, Sudhir, for grant of anticipatory bail during the course of investigation in Case Crime No. 1648 of 2018, under Section 306 I.P.C., Police Station Kotwali Nagar, District Bulandshahr.
Learned counsel for applicant argued that the accused-applicant is brother-in-law of the deceased and has no concern with the occurrence. Even if some-one was responsible for suicide committed by the deceased it was his wife's father-in-law and mother-in-law and not the present accused-applicant, who has no concern at all. Moreso, there is a report from wife of the deceased, Savita, against father-in-law, mother-in- law and other family members of the deceased regarding abetment of suicide of her husband as a result of which deceased has committed suicide. Accused-applicant is of no criminal antecedents. Hence, a prayer for bail, during investigation of present case crime number, has been made.
Learned counsel for the informant and learned A.G.A. has vehemently opposed the prayer for anticipatory bail with this contention that the anticipatory bail application of the present accused-applicant has been rejected by the trial court on merits. Accused Savita and her father have filed a proceeding, under Section 482 of Cr.P.C. before this Court also. The injury contusion over neck, above thyroid bondage, may be cause of death. Deceased sustained injury near his neck and he died owing to it. There was an opinion of murder. Report lodged by the wife of the deceased was preparation of defence. Offence is very heinous, hence, prayer for grant of anticipatory bail, be rejected.
Having heard learned counsel for both sides and gone through first information report, it is apparent that it was got lodged, under Section 156 (3) of Cr.P.C., upon a report of Smt. Surendri, on 30.11.2018, for an occurrence of 7.9.2018. No doubt, report has been got lodged after a considerable delay of about two and a half months, but efforts were made to instantly get it registered. Cause of death could not be ascertained because there was contusion over neck, but the hyoid bone was intact and this was not cause of death. Apparent cause of death was not ascertained, hence, viscera was preserved for ascertaining cause of death. First information report itself reveals that there was a previous dispute between husband and wife and subsequently, a compromise was entered into between them and he was residing with his wife and this occurrence was of 7.9.2018, wherein daughter and son-in-law of the informant were present and what occured during altercation was not in the knowledge of the informant. There is a report of abetment to commit suicide by the deceased is there also against informant and other family members.
Under all above facts and circumstances, but without commenting on merits of the case, a case for grant of anticipatory bail is made out.
In the event of arrest of the applicant, Sudhir, involved in above mentioned case, he shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 20,000/-, with two sureties, each, in the like amount to the satisfaction of the Station House Officer of the police station concerned with following conditions:-
(i) the applicant shall make himself available for interrogation by a police office as and when required;
(ii) 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 office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned, within ten days from today, who shall ensure the compliance of present order.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 30.9.2019 bgs/