Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56337

of 2019

Applicant :- Neeraj

Opposite Party :- State of U.P.

Counsel for Applicant :- Rajiv Lochan Shukla,Santosh Kumar

Singh

Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi

Hon'ble Ram Krishna Gautam,J.

By means of this application the applicant Neeraj has prayed to

release him on bail in Case Crime No. 320 of 2019, u/s 306

I.P.C., P.S. Kotwali, District Mathura.

Heard learned counsel for the applicant and learned AGA

representing the State. Perused the record.

Learned counsel for the applicant argued that the applicant is

innocent; he has been falsely implicated in this very case crime

number and is languishing in jail since 11.10.2019; he is of no

criminal antecedent and there is no likelihood of applicant's

fleeing from course of justice or tempering with evidence, in

case of release on bail. FIR was lodged on 22.4.20219 at 1:50

A.M., upon the report of Pawan @ Manish Singh, against

applicant and his family members, with accusation of

commission of suicide by deceased at 4:00 P.M. Quarrel in

between through telephonic conversation has been said. It is

admitted fact that deceased had died at her parental house.

Applicant was not present thereat. He was at Ballabhgarh. His

two kids were at nuptial house along with accused persons.

Deceased, with her one kid, was at her parental house. Marriage

was of year 2012. Occurrence took place after seven years of

marriage. Death is owing to antemortem hanging, causing

asphyxia, with no other injury on the person of deceased. No

ingredient of abatement is there. Matrimonial quarrel was in

between, which may not be presumed to be abatement.

Applicant is languishing in jail since long but trial could not be

proceeded except framing of charge. Maximum punishment of

abatement to commit suicide is up to ten years. Hence, bail has

been prayed for.

Learned AGA as well as learned counsel for the informant has

vehemently opposed with this contention that applicant being

husband was under relation with some other lady. He got house

constructed for her. Deceased was prominently being tortured

by her husband and other in-laws. She was compelled to be of

no hope in her life i.e. she committed suicide. Applicant is

responsible for it.

Having heard learned counsel for both sides and gone through

the material placed on record, it is apparent that death by

suicide was at parental house and applicant was not present

thereat. Family quarrel since long is admitted one. Under all

above facts and circumstances as well as considering the nature

of accusations, severity of the punishment in the case of

conviction but without expressing any opinion on the merits of

the case, this court is of the view that the applicant may be

enlarged on bail with certain conditions.

Accordingly, the bail application is allowed.

Let the applicant, Neeraj, involved in above mentioned case

crime number be released on bail on his executing a personal

bond and two reliable sureties each in the like amount to the

satisfaction of the court concerned subject to the following

conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution

witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date

fixed by the trial court unless his personal appearance is

exempted through counsel by the court concerned.

5. The party shall file computer generated copy of such order

downloaded from the official website of High Court, Allahabad.

6. The computer generated copy of such order shall be self

attested by counsel of the party concerned.

7. The concerned Court/ Authority/ Official shall verify the

authenticity of such computerized copy of the order from the

official website of High Court, Allahabad, and shall make a

declaration of such verification