Shani v. State of U.P.

Neutral Citation No. - 2023:AHC:127036

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22519 of 2023

Applicant :- Shani Opposite Party :- State of U.P. Counsel for Applicant :- Saral Singh,Satyendra Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

Heard learned counsel for the applicant, learned counsel for the first informant and learned A.G.A. for the State and perused the record of the present bail application.

The present bail application has been filed by the applicant namely Shani with a prayer to enlarge him on bail in Case Crime No.435 of 2022, under Section 306 I.P.C., Police Station Jaswant Nagar, District Etawah.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that he never entered the house of the deceased. The deceased committed suicide as from the application given to the police station on the date of the incident by the father of the deceased itself shows that the deceased Mamta committed suicide. Initially, the FIR was registered under Section 304 IPC, subsequently, investigation was conducted and police has submitted charge sheet under Section 306 IPC. From the postmortem report itself, it is evident that the cause of death is asphyxia due to hanging. There is no other ante mortem injury. It is also submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 11.04.2023, hence, he is entitled to bail.