Charan Singh v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47871 of 2023 Applicant :- Charan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri D.K. Patel, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State.

¶2The instant bail application has been filed on behalf of the applicant seeking release on bail in Case Crime No. 186 of 2023 under section 306 IPC, Police Station Hazrat Nagar, Garhi, District Sambhal.

¶3FIR of the present case was lodged against the applicant and two others and according to the FIR, marriage of the son of the informant was performed with the daughter of the applicant and after marriage, applicant along with two other accused persons tortured the son of the informant and due to their torture, he committed suicide by hanging himself.

¶4Learned counsel for the applicant submits, on the basis of vague allegation of torture, applicant, who is father in law of the deceased, has been made accused in the present matter.

¶5He next submits that actually deceased committed suicide within two months of his marriage with the daughter of the applicant and it appears that the deceased was not happy with his marriage, therefore, he committed suicide but subsequently on the basis of false allegation of torture, the applicant, who is father-in-law of the deceased, has been made accused in the present matter.

¶6He further submits applicant is not having any previous criminal history and he is in jail since 16.8.2023.

¶7Per contra, learned A.G.A. opposed the prayer for bail but he could not dispute the fact that except vague allegation of torture, there is no cogent evidence with regard to abatement against the applicant.

¶8I have heard both sides and perused the record of the case.

¶9Considering the fact that applicant is father-in-law of the deceased and there is no cogent evidence of abatement against him on record and only on the basis of vague allegation of torture, the FIR of the present case was lodged, I am of the view that applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant application is allowed.

¶11Let the applicant Charan Singh 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.

¶12In case of breach of any of the above conditions, the prosecution will be at liberty to move an application before this Court for cancellation of bail of the applicant.

¶13It 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 :- 8.11.2023 Madhurima High Court of Judicature at Allahabad