Bail application filed by Jitendra Kumar Batham accused in suicide case involving his wife. Court allowed bail considering lack of independent witnesses, no dowry allegation, and applicant's cooperation, subject to standard conditions.
Applicant released on bail furnished by a personal bond and two sureties subject to specific conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4434 of 2019
Applicant :- Jitendra Kumar Batham Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that the marriage of deceased Malti Devi was solemnized with applicant before ten years. Three children were born out of the wedlock of applicant and Malti Devi. Due to some reasons, Malti committed suicide on 9/10/.8.2018.
It is submitted by learned counsel for the applicant that applicant is the husband. The applicant is innocent and has been falsely implicated in the present case. Deceased committed suicide herself. Three children were born out of wedlock of applicant and deceased. There is no family member except the applicant to take care of children. There is no allegation about demand of dowry. Unfortunately, the incident was done. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 13.8.2018 (more than five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Jitendra Kumar Batham involved in Case Crime No. 649 of 2018, under Section 306 IPC, Police Station Ajitmal, District Auraiya be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 court below shall be at liberty to cancel the bail.
Order Date :- 14.2.2019
A. Singh
2 issues framed by the court
Whether the applicant, whose wife committed suicide unsure of dowry allegations, is eligible for bail.
Whether the applicant's release on bail poses a risk of tampering with evidence or intimidation of witnesses.
Jitendra Kumar Batham
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
