Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39295 of 2021 Applicant :- Vijay Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Learned counsel for the applicant is permitted to correct the date of applicant in jail in the memo of bail application.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that deceased was wedded to applicant, Vijay Kumar in the year 2005 and three children were also born. Afterwards applicant came in relation with some other girl, namely Anushka due to which there was a dispute between deceased and applicant as a result she committed suicide by hanging on 7.3.2021. Thereafter, this FIR was lodged by the father of the deceased on 9.3.2021.
It is submitted that applicant is innocent and he has falsely been implicated in the present case. He has not committed any offence. During 15 years of marriage, there was no any kind of dispute between husband and wife. Three children were also born. No any illicit relation was there with any girl, but on account of suspicion deceased committed suicide by hanging due to over sensitiveness. No any word was spoken by the applicant to instigate her to commit suicide. No external injury was found on the person of the deceased during postmortem. There is none at home to look after his children. The applicant is languishing in jail since 25.6.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail and urged that deceased committed suicide on suspicion that applicant was intangled with some other lady. This conduct of applicant compelled her to commit suicide, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that no person is there at home to look his children and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant - Vijay Kumar involved in Case Crime No. 77 of 2021, under Section 306 I.P.C., Police Station Kotwali, District Azamgarh, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. 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 officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.12.2021 Arif