This court allowed a bail application in an IPC 306 case, holding that a four-month delay in filing the FIR and lack of criminal history render the applicant's detention excessive, mandating release on personal bond and sureties.
Release on bail via personal bond and two sureties on furnishing satisfaction to the trial court.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9319 of 2022
Applicant :- Chameli Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Sharan Tomar,Atul Kumar Singh,Mahesh Kumar Dubey Counsel for Opposite Party :- G.A.,Rajesh Kumar Bind,S. Kamal Akhtar Khan
Hon'ble Ajay Bhanot,J.
By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 480 of 2020 at Police Station Milak District Rampur under Sections 306 I.P.C. The applicant is in jail since 27.12.2021.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Rampur on 01.02.2022.
Shri Atul Kumar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Delay of four months in lodgement of the F.I.R. in the facts of this case is fatal to the prosecution case. The applicant is the wife of the deceased. The applicant is bereaved by the death of her husband. She prays for the peace of the departed soul. Breach was caused in the matrimonial relations between the applicant and her husband by some vested interests in the family of the latter. The applicant's family made all out efforts to effect an amicable resolution of the
matrimonial dispute. However, the families of the deceased husband continued to instigate the deceased. On the fateful day, under pressure from his family members, the deceased took extreme step of taking his life by hanging himself. The applicant did not abet or instigate the deceased to commit the suicide. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Shri Sunil Kumar Srivastava, learned AGA for the State and Shri Rajesh Kumar Bind, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Chameli be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 8.7.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.07.11 17:37:25 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail considering allegations of false implicaton and lapse in FIR delay.
Chameli
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
