Allahabad High Court
Baboolal vs State Of U.P. on 15 July, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 6738 of 2019 Applicant :- Baboolal Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.103 of 2018 under Section 306 I.P.C, Police Station-Khairabad, District-Sitapur, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 14.03.2019. It is further submitted on behalf of applicant that the marriage of the applicant was solemnized 14 years ago. Learned counsel for the applicant has further submitted that merely on the basis of suspicion that the applicant was having an affair with some lady, the deceased consumed poison. It is evident from the statement of Ram Kumar that the deceased asked him to buy a rat kill poison as there was many mouses in her house, therefore, on her request, he provided the rat kill poison and later on it came into the knowledge of the Ram Kumar that she consumed the same. He further submitted that a quarrel was taken place between husband and wife. Learned counsel for the applicant has further submitted that other witnesses also stated the identical statements, but merely on the basis of presumption, offence under Section 306 I.P.C has been invoked even there is no evidence of abatement. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Baboolal- be released on bail in Case Crime No.103 of 2018 under Section 306 I.P.C, Police Station-Khairabad, District-Sitapur, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 15.7.2019 Amit/-