Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in F.I.R. No. 220 of 2018, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 D.P. Act, Police Station Laharpur, District Sitapur.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 09.07.2019.
Allegation made by the informant in the F.I.R. is that beatings were given to his niece by the accused persons, including the applicant and thereafter she was killed.
It has been submitted by the learned counsel for the applicant that the deceased committed suicide by consuming poison, information of which was given to the informant by the applicant. He has further submitted that at the time of inquest, the informant was present and his name is mentioned as witness of the inquest. Learned counsel for the applicant has also submitted that it is alleged in the F.I.R. that the deceased died on account of the beatings given by the applicant and other family members, but no any anti-mortem injury over the body of the deceased was found and the Viscera was sent for examination. In the report of Deputy Director, Forensic Science Laboratory, U.P. Lucknow, Aluminium Phosphide was found in the stomach of the deceased. Learned counsel for the applicant has also drawn the attention of the Court towards the statement of the independent witness, Surendra Yadav, who categorically stated that after marriage, the deceased had quarreled with Anuj (husband of the deceased) by stating that she will consume poison or hang herself to implicate all the in-laws and other family members, as a result, except parents and husband, all the family members were residing away from them. Surendra Yadav also stated that the deceased consumed poison by herself.
It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that deceased died within seven years of marriage, as a result, applicant is not entitled for bail, but has fairly conceded that no any anti-mortem injury over the body of the deceased was found, and the applicant was present at the time of inquest.
Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Vinesh Kumar Dixit be released on bail in F.I.R. No. 220 of 2018, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 D.P. Act, Police Station Laharpur, District Sitapur, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 27.11.2019 VKS