Mangal Singh vs State Of U.P.

Umesh Chandra Sharma, J

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.96 of 2022, under Sections 307, 120-B IPC, PS Kheragarh, District Agra, during the pendency of trial.

Learned counsel for the applicant submits that admittedly the informant Mithilesh is the divorced daughter of the applicant. He further submits that the applicant exerted pressure upon her to marry with one Sanjay then being annoyed she made false allegation and lodged the FIR. According to the applicant since the victim was appearing to be a Corona patient, therefore, she was taken to the hospital of Sanjay for her treatment. No wrongful act has been done with her in his knowledge. He has not committed any offence which is covered under Section 307 IPC. Learned counsel next submitted that the applicant being father of the victim he could never think and try to kill his daughter. It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, that he has been falsely implicated in the case and he is in jail since 23.05.2022 having no criminal history. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

Per contra, the learned A.G.A. has opposed the prayer for grant of bail but he could not dispute the submissions made by the learned counsel for the applicant.

Having regard to the facts and circumstances of the case, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.

Let the applicant - Mangal Singh in Case Crime No.96 of 2022, under Sections 307, 120-B IPC, PS Kheragarh, District Agra on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) 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 to any police officer or tamper with the evidence.

In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.