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2022 DIGILAW 610 (ALL)

Ajay Pal v. State of U. P.

2022-04-22

AJIT SINGH

body2022
JUDGMENT : 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. This is a bail application on behalf of the applicant in connection with Case Crime No.04 of 2021 under Section 306 IPC Police Station Bilsanda, District - Pilibhit. 3. The first information report of this incident was lodged by the complainant against the present accused Ajay Pal, his sister and brother-in-law Prem Narain about the death of his sister who was married with the present accused on 25.2.2011 and it was alleged in the FIR that in marriage sufficient dowry was given but the in-laws of the sister of the informant was not happy with the given dowry and they were harassing the deceased. It was further alleged that on 20.11.2021 the present accused along with his sister and brother-in-law had committed mar-peet with the sister of the informant which cause her death. 4. It is submitted by learned counsel for the applicant that the applicant is father-in-law of deceased. He is innocent and has been falsely implicated in the present case. Learned counsel for the applicant has further submitted that the incident has taken place on 20.12.2020 and the FIR of this incident was lodged on 6.1.2021 after 17 days of the incident. Learned counsel for the applicant has further submitted that the informant was demanding Rs.2,50,000/-from the applicant and when the said demand of the informant was not fulfilled, the present FIR has been lodged against the applicant and other co-accused persons. Learned counsel for the applicant has further submitted that the present accused has informed the informant about the said demise of his wife. Learned counsel for the applicant has further submitted that the deceased was suffering from ailments and due to her illness, she has committed suicide by consuming poison. Learned counsel for the applicant has further submitted that there is no evidence that any overt tract was committed by the present accused in the commission of of suicide by his wife (deceased). Learned counsel for the applicant has further submitted that the informant has accepted the fact that the deceased was suffering from illness in his statement recorded under section 161 Cr.P.C. It is further submitted that the applicant is languishing in jail since 6.11.2021 having no criminal antecedents. Learned counsel for the applicant has further submitted that the informant has accepted the fact that the deceased was suffering from illness in his statement recorded under section 161 Cr.P.C. It is further submitted that the applicant is languishing in jail since 6.11.2021 having no criminal antecedents. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 5. On the other hand, learned AGA opposed the prayer for bail. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, period of detention in jail and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant-Ajay Pal involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions : 1. The applicant will not tamper with the evidence during the trial. 2. The applicant will not pressurize/ intimidate the prosecution witness. 3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. 4. The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.