Villu Alias Rajnesh v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44718 of 2023 Applicant :- Villu Alias Rajnesh Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Mahendra Singh, Advocate filed his power on behalf of the informant, today in the Court, which is taken on record.

¶2Heard Sri Nagendra Kumar Singh, learned counsel for the applicant, Sri Mahendra Singh, learned counsel for the informant and Sri Ravi Kant Kushwaha, learned AGA for the State.

¶3The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 259 of 2023, under Sections 306, 498A, 201 IPC, Police Station Junawai, District Sambhal during pendency of the trial.

¶4FIR of the present case was lodged against applicant and his family members including his brother i.e. husband of the deceased and according to the FIR brother of the applicant performed court marriage with the daughter of the informant in the year 2015 and on 17.07.2023 informant received an information that his daughter died under suspicious circumstance and applicant and his family members has taken her dead body for cremation and on this information when informant arrived at cremation spot then found that cremation of the body of his daughter has been done.

¶5It is further mentioned in the FIR that as his daughter performed court marriage with the brother of the applicant, therefore, she was harassed by the applicant and his family members and due to their harassment she committed suicide. It is further mentioned in the FIR that without informing the informant her dead body has been disposed off.

¶6Learned counsel for the applicant submitted that applicant is Devar of the deceased and he was having no concerned with the family affairs of the deceased and actually deceased committed suicide as some dispute arose between husband and wife and after her death informant was duly informed and in the presence of the informant the cremation was done but after four days a false story has been cooked up and applicant has been roped in the present matter along with his family members. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 15.08.2023.

¶7Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that although applicant is Devar of the deceased but without informing the informant, the dead body of the daughter of the informant has been disposed off by the applicant and other accused persons and this fact clearly suggests that due to the abatement of the applicant and others, deceased committed suicide.

¶8I have heard learned counsel for the parties and perused the record of the case.

¶9Although, from the record, it reflects that the dead body of the deceased has been disposed off and thereafter FIR of the present case was lodged but as per argument advanced by learned counsel for the applicant that at the time of cremation informant was present and after four days he cooked up a false story, the ground taken by the applicant cannot be completely brushed aside at this stage.

¶10Further, even as per prosecution it is a case of suicide and there is no evidence on record, which can show that due to the abatement of the applicant deceased committed suicide and on the basis of general allegation applicant has been made accused in the present matter. Further, applicant is not having any criminal history and in the present matter he is in jail since 15.08.2023.

¶11Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶12Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶13Let the applicant -Villu @ Rajnesh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶14In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶15It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.10.2023 AK Pandey High Court of Judicature at Allahabad