Akhilesh Sahani @ Koeel v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47668 of 2023 Applicant :- Akhilesh Sahani @ Koeel Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Pandey,Jaya Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State as well as Shri Virendra Pandey, learned counsel for the informant and perused the record.

¶2Learned counsel for the applicant submits that complainant who is mother of the deceased has lodged an F.I.R. dated 17.09.2023 against the applicant including his mother, brother and sister, stating therein that her daughter, namely, Laxmina @ Pooja has solemnized marriage with the applicant in a temple, when she used to ask the applicant to take his house but he used to want some time to manage his family members, when the applicant went outside his family members used to harass and torture her on account of which on 15.09.2023 her daughter committed suicide. Learned counsel for the applicant submits that the Investigating Officer recorded statement of complainant under Section 161 Cr.P.C. with several contradictions. Learned counsel for the applicant further submits that during course of investigation the Investigating Officer has also recorded statements of grand mother and brother of the deceased, who stated that deceased used to talk with the applicant and she committed suicide by hanging. Learned counsel for the applicant further submits that the Investigating Officer recorded the statement of the doctor who conducted autopsy of the dead body of the deceased who in his statement recorded under Section 161 Cr.P.C. has stated that cause of death of the deceased was due to hanging. Learned counsel for the applicant further submits that there is no suicide note of the deceased, there is no evidence against the applicant that he instigated the deceased to commit suicide, there are several contradictions in the statements of complainant and witnesses, the applicant has falsely been implicated in the case only on the basis of suspicion, the only evidence against the applicant is his confessional statement given before the police which is not admissible, thus, the applicant has falsely been implicated in the case and no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 24.09.2023, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Akhilesh Sahani @ Koeel, involved in Case Crime No. 183 of 2023, under Sections 306, 506 I.P.C., Police Station Bhitauli, District Maharajganj, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

¶6The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶7The bail application is allowed. Order Date :- 8.11.2023 Mustaqeem. High Court of Judicature at Allahabad