Single judge ordered the release of the applicant on bail during trial in a case involving alleged suicide by SH. Held that it is a fit case for granting bail despite serious allegations.
Release of applicant on bail with one personal bond and two sureties.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33859 of 2022
Applicant :- Anirruddh @ Kanha Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Tiwari,Ajay Kumar Pathak,Narendra Singh Chahar Counsel for Opposite Party :- G.A.,Vimlendu Tripathi
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Anirruddh @ Kanha, who is involved in Case Crime No. 288 of 2022, under Sections 498-A, 323, 313, 307, 506 of IPC and Section 3/4 of D.P. Act, Police Station Banna Devi, District Aligarh and is in jail since 10.06.2022, is seeking enlargement on bail during the trial.
As per the prosecution story, the applicant along with coaccused is said to have harassed the informant's daughter to such an extent that she was compelled to commit suicide for which blame has been laid upon the applicant and co-accused.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that the applicant happens to be brother-inlaw ( Nandoi ) of the deceased and there is no evidence on record, which could show that the applicant has either abetted or instigated the deceased to commit suicide. It is further submitted that as per statement under Section 161 Cr.P.C, marpeet done by co-accused Neeraj Kumar, who has already been enlarged on bail by another Bench of this Court vide order dated 15.09.2022 passed in Criminal Misc. Bail Application No.33502 of 2022. It is further submitted that the applicant is languishing in jail since 10.06.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties,
without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.
In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 12.10.2022 A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.10.13 16:34:17 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is fit to be released on bail during the pendency of the trial.
Whether the nature of allegations under sections 498-A, 307 IPC and D.P. Act precludes bail.
2 provisions across 2 enactments
Anirruddh @ Kanha
State of U.P.
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
