HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 53559 of 2019
Applicant :- Sonu Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajneesh Pratap Singh
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Learned counsel for the applicant is permitted to make necessary correction in the date of detention in the memo of bail application.
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 in the year 2009. After marriage of applicant the elder brother of applicant was living separately from the applicant and deceased. Mother of applicant has sold his property and she divided money in between her both sons. There was no dispute of money of sale amount. The deceased was of short tamper. Her parents blindly support to her. The deceased has committed suicide herself. The applicant has not compelled the deceased to commit suicide. There are two children from the wedlock of applicant and deceased. There is no cogent evidence with regard to abetment. The FIR of the alleged incident has been lodged against 4 persons including the applicant. The other co-accused has been exonerated. The charge-sheet has been submitted only against the applicant. It has further been submitted that in postmortem report the cause of death has been shown asphyxia as a result of ante mortem hanging. False story has been concocted by the prosecution. The applicant has no concern with the alleged incident. The applicant has no criminal history and is in jail since 8.7.2019.
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 Sonu Singh involved in Case Crime No. 91 of 2019, under Sectionsection 498A, Section306 IPC, P.S. Madhrak, District Aligarh 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 :- 3.12.2019