Bal Govind Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11818 of 2023 Applicant :- Bal Govind Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Ajeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Ajeet Kumar, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

¶2This bail application has been filed seeking release of the accused/applicant Bal Govind Yadav on bail, who is involved in Case Crime No. 91 of 2023 under Sections 306 I.P.C, Police Station-Jarwal Road, District Bahraich.

¶3Learned counsel for the applicant submitted that the First Information Report was lodged by the father of the deceased in which he has mentioned that his daughter was married with the applicant prior to ten years and he had an illicit relation with some woman due to which his daughter was under depression and she committed suicide.

¶4Learned counsel for applicant further submitted that the said fact has been reitereated by the witnesses who have been examined by the Investigating OfÏcer. He further submitted that the applicant has been falsely implicated in the present case and prior to the present F.I.R, no report was ever lodged by the deceased or her family members. Learned counsel for applicant further submitted that even if the case is considered on the face value of the First Information Report as well as the statements of the witnesses, there is no instigation on the part of the applicant and no ingredients of Section 107 I.P.C are seen in the present case and even if there was illicit relation of the applicant with some woman, then for the act of committing suicide, the applicant cannot be held responsible in any manner. He further stated that there is no previous criminal history of the applicant and he is languishing in jail since 02.04.2023.

¶6Learned A.G.A has opposed the prayer of bail of the applicant and has submitted that the applicant is a womaniser and an alchoholic and he had illicit relation with a woman, and as per statement of the witnesses as well as the version of F.I.R, the applicant was responsible for instigating the deceased to commit suicide, therefore, his bail is liable to be rejected.

¶7Considering the facts and circumstances of the case, perusing the record, also considering the nature of allegations, arguments advanced by the learned counsel for the parties, the argument that there is no direct or clinching evidence found against the applicant in commission of the crime, the argument that the marriage had taken place prior to ten years and no F.I.R. was ever lodged by the deceased nor her family members regarding any kind of harassment, the argument that there are no ingredients of Section 107 I.P.C, the argument that the deceased committed suicide by hanging herself and no injury is found on the body of the deceased, I find it to be a fit case for grant of bail.

¶8Accordingly, the bail application is allowed.

¶9Let the applicant Bal Govind Yadav be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

(iii) 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. is issued and the 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 of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case,

(ii) framing of charge and (iii) 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 sufÏcient 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.

¶10It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 15.12.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench