Pappu Prajapati v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43768 of 2023 Applicant :- Pappu Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Puneet Kumar Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.66 of 2023 at Police Station-Kotwali Dehat, District-Banda under Section 306 IPC. The applicant is in jail since 28.06.2023. The bail application of the applicant was rejected by the learned trial court on 19.08.2023. The following arguments made by Shri Puneet Kumar, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The victim was infatuated with the applicant.

¶2The applicant did not respond to the overtures of the victim.

¶3The victim became depressed after her proposal was declined by the applicant.

¶4On the fateful date, the deceased succumbed to her depression and took the extreme steps of ending her life. She committed suicide by hanging.

¶5The postmortem report opines the cause of death as asphyxia due to antemortem hanging.

¶6Injuries depicted in the postmortem report consistent with hanging are:

(i) Ligature mark.

(ii) The hyoid bone was intact.

¶7The applicant is not responsible for the incident.

¶8The applicant did not aid or abet the suicide.

¶9The applicant does not have any criminal history apart from this case.

¶10The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Pappu Prajapati be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 13.10.2023 Ashish Tripathi High Court of Judicature at Allahabad