Neutral Citation No. - 2021:AHC:53231 Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16262 of 2021 Applicant :- Vijay Singh And Another Opposite Party :- State of U.P.

Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.,Prem Chandra Dwivedi Hon'ble Samit Gopal,J.

The matter has been taken up through Video Conferencing.

Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicants, Sri V.K. Maurya, learned A.G.A. for the State who have appeared through Video Conferencing and perused the material on record. Sri Prem Chandra Dwivedi, learned counsel for the complainant is not present though various efforts have been made to connect him.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants-Vijay Singh and Ramveer seeking enlargement on bail during trial in connection with Case Crime No.394 of 2020, under Sections 147, 306 I.P.C., registered at Police Station Jagdishpura, District Agra.

Learned counsel for the applicants argued that the applicants have been falsely implicated in the present case. It is further argued that the present FIR has been lodged with an unexplained delay of 29 days as the incident in question took place on 1.7.2020 for which the present FIR has been registered on 29.07.2020. It is further argued that the same is too delayed without any plausible explanation about the same. It is further argued that the deceased Satish was having love affair with Km. Hemlata who is the daughter of applicant no.1 and the sister of applicant no.2 and as he had in some clandestine manner entered the house of the applicants due to the reason of being caught or being seen has committed suicide in their house. It is further argued that although the present FIR has been registered under Sections 147 and 302 I.P.C. but during the course of investigation, Section 302 I.P.C. has been deleted and the case has been converted under Section 147 and 306 IPC. It is further argued that the postmortem report of the deceased shows a single ligature mark on his body and cause of death is asphyxia as a result of hanging whereas the other injury noted is an old injury and the same has not contributed to death. Learned counsel for the applicants while placing para no.12 of the affidavit filed in support of bail application has argued that the deceased has committed suicide himself in a closed room in the house of the applicants, after he entered into the house of the applicants. Learned counsel for the applicants while placing Annexure No.5 in para no.13 to the affidavit filed in support of bail application has argued that the room where the deceased committed suicide was locked from inside which is evident from the statement of Sub-Inspector Manveer Singh which is annexed at page 29 in Annexure No.5 to the affidavit filed in support of bail application. Learned counsel for the applicants while placing para no.16 to the affidavit filed in support of bail application has argued that Rakesh nephew of the applicant No.1 informed to the police on Dial 112 from his mobile and consequently on the said information police constables came to the house, as such the conduct from the side of the applicants is above board. The implication of the applicants is false and there is no abetment whatsoever by the applicants. It has also been pointed out that the applicants are not having any criminal history as stated in para no.15 and are in jail since 20.2.2021.

Per contra learned A.G.A. has opposed the prayer for bail and argued that the deceased died in the house of the applicants. It is further argued that the death is unnatural and the presence of the applicants is not disputed by them at the time of the incident. It is further argued that the dead-body of the deceased was recovered from the house of the applicants. It is further argued that the applicants have not discharged their burden as to how the deceased reached their house and how he died. It is thus argued t