Heard learned counsel for the applicant, learned A.G.A. and perused the entire record of the case.
The submission of learned counsel for the applicant is that the brother of the deceased gave an application to the Incharge, police outpost Oyal, district Lakhimpur Kheri stating therein that his brother Manish Kumar @ Manu Pasi, aged about 19 years (deceased) had sold his 2-1/2 bigha of land two years back and that he was mentally disturbed. It is also mentioned therein that he sometimes used to consume liquor and on 16.1.2009, he saw his bother's body hanging to a tree. It is further submitted that after about 25 days i.e. on 9.2.2009, the mother of the deceased moved an application before the Chief Judicial Magistrate under Section 156(3) Cr.P.C. for lodging of the FIR against accused applicant and others. The FIR was as such lodged on 6.8.2009, wherein it is alleged that there was some money transaction between the deceased and the accused applicant. It is further alleged in the FIR that the deceased had paid all the money, which, as alleged, he had borrowed from the accused applicant, but Rs.3,000/- were left to be paid, which was interest of the amount. It is also alleged in the FIR that the accused applicant threatened the deceased with dire consequences if the amount was not paid. On 16.1.2009, at about 4.00 p.m., the accused applicant along with two others co-accused called the deceased and assaulted him with fists and legs and demanded for the amount. It is also alleged in the FIR that due to this episode, the deceased felt so much humiliated that he committed suicide. He further submits that the story set up by the prosecution is false and frivolous for the reasons that on the very day i.e. on 16.1.2009, the brother of the deceased, Vinod Kumar Pasi had already given an application to the Incharge, police outpost Oyel, district Lakhimpur Kheri and in that application, there was no whisper of the allegations, which have been levelled against the accused applicant in the FIR. It is further submitted that the whole story has been cooked up by the mother of the deceased just to harass the accused applicant as admittedly there was some money transaction between the deceased and the accused applicant and he was mentally disturbed as the same is mentioned in the application of deceased brother given to Incharge police outpost. Moreover, the whole story as alleged has come up after a delay of 25 days i.e. on 9.2.2009, when complainant moved an application under Section 156(3) Cr.P.C.The applicant is in jail since 16.11.2009, as averred in para 19 of the bail application, which has not been controverted by the State.
Considering the overall aspects of the matter, I hereby provide that the applicant be released on bail in Case Crime No.1222 of 2009, under Sections 323, 504, 506, 306 IPC & 3(2) (v) S.C.S.T. Act, P.S. Kheri, District Kheri, on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 7.1.2010 A