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2016 DIGILAW 3232 (ALL)

Ashish @ Ashu v. State of U. P.

2016-09-21

KARUNA NAND BAJPAYEE

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JUDGMENT Karuna Nand Bajpayee, J. Heard learned counsel for the applicant and learned A.G.A. 2. Perused the record. 3. Submission of the counsel for the applicant is that there is a suicide note left by the deceased before she took the extreme step. Submission is that perusal of the suicide note would indicate that she was leading disgruntled and frustrated life full of dissatisfaction and had all the grouse against her husband for not being treated well. According to her suicide note the applicant was not having a commendable character and was in fact a failure as a husband in his matrimonial life. Submission is that being a sensitive woman, she preferred to eliminate her life rather than to continue the same under the unhappy unpleasant circumstances, in which she found herself to have been irredeemably trapped. Submission is that though neither the character of the applicant nor his conduct can be vindicated, but so far as the charge of abetment, which the applicant is facing, is concerned, the totality of circumstances and the facts are such which fall short of proving the same. It does not appear to be a case in which it may be said that there is any tangible evidence available in order to demonstrate that the applicant either instigated the deceased to commit suicide or abetted for the same. There is a long distance, according to the counsel, to be travelled by the prosecution side before it can successfully prove that the commission of the suicide was as a result of the abetment done by some accused. Contention is that though on humanitarian ground anybody would empathise with deceased, but the particular offence as defined in Indian Penal Code has to be construed on the basis of the ingredients, which are required to be established before it may be successfully said that the particular offence in question has been made out. It is also emphasized by the counsel that the applicant is behind the bars since 26.02.2015 having hardly any hope of early conclusion of trial. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. 4. Learned A.G.A. has opposed the prayer for bail. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 6. Let the applicant Ashish @ Ashu, involved in Case Crime No.126 of 2015, under Sections 498A, 306 IPC, Police Station Kankar Kheda, District Meerut be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions : - (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. 7. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 8. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.