Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 44 of 2019 under Sections 498-A, 304-B and Section 3/4 of D.P. Act, P.S. Auraiya, District Auraiya.
It has been argued on behalf of the learned counsel for the accused applicant that accused is husband of the deceased who has been falsely implicated by informant who is father of the deceased. False case has been set-up that his daughter has been done to death for non fulfillment of the demand of dowry of Rs. 2,00,000/- and Apache Motor-cycle and that in the F.I.R., several phone calls are reported to have been made by the deceased to her parents showing urgency that they should reach her immediately failing which she would be murdered. It is argued that this is unnatural that despite receiving so many phone-calls, parents of the victim did not give information in this regard to the police. Further it is argued that in post-mortem report, the deceased is found to have suffered one ligature mark and her hyoid bone is found to be not fractured. Cause of death is asphexia due to ante-mortem hanging. It is through a through case of suicide. Further it is argued that she was not inclined to marry the accused and had relationship with some other person because of which she had committed suicide. The accused applicant is in jail since 5.02.2019; he has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that deceased has suffered one ligature mark and hyoid bone is not found fractured of the victim, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Vinay Kumar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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 :- 26.11.2019 A. Mandhani