Allahabad High Court
Ankit Gupta @ Shiv Dayal vs State Of U.P. on 25 March, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 440 of 2021 Applicant :- Ankit Gupta @ Shiv Dayal Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Raj Kumar Singh, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 332 of 2019 under Sections 363, 366 and 306 I.P.C., P.S. Handia, District Prayagraj.
F.I.R. has been lodged by Rajkumar Gupta stating therein that his sister, Soni was enticed away by the accused applicant on 5.05.2019 in the night between 12:00-01:00 hours, thereafter nothing could be found about her.
In post-mortem report of the deceased, cause of death is recorded as asphyxia due to hanging, however, viscera was preserved which was sent to FSL, report of which is still awaited. As regards injuries on her person, one ligature mark is found to have been sustained by the deceased.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; victim has committed suicide for her own reason; she was 19 years of age. Attention of the Court has been drawn towards the statement of sister of deceased which indicates that deceased as well as accused wanted to marry each other and had married in a temple also. Applicant is innocent; he has no criminal history. He is in jail since 31.10.2019; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and has drawn attention of the Court towards statement of one Rekha Ben who was the land-lady of the house in which deceased and applicant were living. She stated that the deceased and the applicant used to live in her house who used to have fight frequently with each-other. Deceased had told her that she was deceived by accused as she was enticed away by the applicant representing that he was in a good job and would marry her. She fell prey to his design and she was extremely unhappy and would feel like she should end her life. Further she stated that on 20.10.2019, she committed suicide by hanging herself and police had filled up panchayatnama. He has also drawn attention of the Court towards the statement of accused in which he has stated that he wanted to marry the deceased. On 5.05.2019, he had taken the victim from her house to Gujarat where some misunderstanding had developed between them and because of the said reason, deceased had committed suicide. He had given information about this occurrence at the police station, thereafter he was lodged in the Hawalat and later on he was released and dead-body of the deceased was handed over to the brother of the deceased, Dashrath Gupta.
Having heard both the sides and looking to the fact that this is a case of suicide and that accused is in jail since for 1 1/2 years, quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Ankit Gupta @ Shiv Dayal involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Personal appearance of S.I., Upendra Singh Yadav, who is present in person, is dispensed with.
Order Date :- 25.3.2021 A. Mandhani