Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that although applicant is husband of the deceased yet none of the prosecution witness examined during trial supported the prosecution case. Brother of the deceased has also not supported the prosecution case in the statement recorded under Section 161 Cr.P.C. Referring to the medical evidence it was further argued that the deceased committed suicide herself. She was under depression. Treatment was going on, as is clear from the statement of the brother of the deceased itself. It is next contended that applicant is in jail since 23.05.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no chance of early disposal of trial due to pandemic situation arose in the country.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused 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 Shankar @ Sachin involved in Case Crime No. 0158 of 2020 (S.T. No. 829 of 2020), under Sections 498-A, 304-B I.P.C. and Section 3/ 4 D. P. Act, P.S. Parsrampur, District Basti 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 the 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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 :- 8.4.2021 Sachdeva