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Laxman vs State Of U.P. on 23 April, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 16550 of 2019

Applicant :- Laxman

Opposite Party :- State Of U.P.

Counsel for Applicant :- Amit Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased about 10 years ago from the date of alleged incident. The FIR of the alleged incident was lodged by Om Prakash Maurya, father of the deceased making allegation for committing the murder of the deceased against the applicant. During investigation the I.O. recorded the statements of Dharampal and Hori Lal neighbours of the applicant and also recorded the statements of Smt. Bhagwati, mother of the deceased and Vijay, brother of the deceased in which it has come that the deceased has committed suicide. In the statements of Smt. Bhagwati and Vijay it has come that the applicant compelled the deceased to commit suicide. During investigation the offence under Sectionsection 302 IPC has not been found and the case was converted under Sectionsection 498A and Section306 IPC. The I.O. sought remand under Sectionsection 498A and Section306 IPC. The incharge C.J.M. concerned has refused the remand. In fact, in postmortem report the cause of death of the deceased has been shown asphyxia as a result of ante mortem hanging. Except the ligature mark no other injury has been found on the body of the deceased. Prior to the alleged incident the applicant has lost his parents, one son and one daughter within a spun of 3 to 4 months. Two animals of the applicant have also died. On account of these reasons the deceased became mentally disturbed and she committed suicide in frustration. The applicant has neither committed her murder nor compelled her to commit suicide. There is no eye witness of the alleged occurrence. The applicant has falsely been implicated in the present case. In fact, he has not committed the alleged offence. No offence is made out against the applicant. The applicant has no criminal history and is in jail since 6.1.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Laxman involved in Case Crime No. 07 of 2019, under Sectionsection 498A, Section302 IPC, P.S. Fatehganj West, District Bareilly be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 23.4.2019

Masarrat

 

 

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