Allahabad High Court
Yadunath Singh @ Sonu Singh vs State Of U.P. on 1 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36939 of 2019 Applicant :- Yadunath Singh @ Sonu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned A.G.A. has filed counter affidavit today, the same be taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The bail application under Section 439 Cr.P.C. has been moved by the applicant - Yadunath Singh @ Sonu Singh to enlarge him on bail in Case No. 9657 of 2018, Case Crime No. 76 of 2018 under Sections 498A, 323, 306 I.P.C. Police Station Assother, District Fatehpur.
It is argued by the learned counsel for the applicant that the present applicant is the husband of the deceased. The marriage of the couple was solemnized on 12.12.2009 and the incident is dated 25.05.2018, more than 08 years after the marriage. As per post mortem report, two injuries are found on the person of the deceased. For ascertaining the cause of death, viscera was preserved. As per viscera report filed along with counter affidavit, aluminium phosphate poison has been found in the viscera. As per his statement under Section 161 Cr.P.C. eight years old son of the deceased stated that his father had gone to the bank then his mother asked for some water and gave him Rs. 10/- for purchase of dal fry and said that in case she dies the witness (son) would live with his maternal grand father and not with Aaji (paternal grand mother). His mother consumed poison. When his father came he took his mother to the hospital but his mother died in the way. It is also stated by the witness that he is living with his parental aunt (Bua). It is submitted that one child of the deceased is living with parents of the deceased and rest two children of the deceased are living in their grand father's house. There is no evidence of abetment of suicide. The applicant is languishing in jail since 01.06.2018. Hence, prayer for bail is made.
Learned A.G.A. has opposed the bail application and submitted that the death was caused at the house of applicant so it is upto him to explain the death of the deceased.
A perusal of the FIR indicates that the deceased was harassed for dowry and when the demand was not fulfilled ultimately she was administered poison by her in-laws including the present applicant. The general role is assigned to the present applicant. As per viscera report, aluminium phosphite is found in the viscera. Two injuries; one lacerated wound size 1 cm x 0.5 cm on the right face and second an abrasion with contusion on the left neck size 9 cm x 1.2 cm. was found on the person of deceased as per post mortem report. As per statement of the son of deceased when his father went to bank, her mother consumed poison. The poison aluminium phosphate was found in the viscera of the deceased. The applicant is languishing in jail since 01.06.2018.
After perusing the record in the light of the submissions made at bar and taking an overall view of all the facts and circumstances of this case, the nature of accusations, severity of punishment in case of conviction, the period of detention already undergone, the unlikelihood of early conclusion of trial without commenting on the merits of the case, this Court is of the view that the applicant may be enlarged on bail.
The bail application is allowed.
Let the applicant Yadunath Singh @ Sonu Singh s/o Haripal Singh involved in Case No. 9657 of 2018, Case Crime No. 76 of 2018 under Sections 498A, 323, 306 I.P.C. Police Station Assother, District Fatehpur be released on bail on his furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In case of breach of any conditions mentioned above, the trial court will be at liberty to cancel the bail of the applicant.
Order Date :- 1.11.2022 gp