Om Prakash Yadav vs State Of U.P

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

This bail application has been preferred by the accused-applicant,Om Prakash Yadav, who is involved in Case Crime no. 098 of 2016, under section 306 I.P.C., Police Station-Atrauli, District-Hardoi.

It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case being husband of the deceased. The F.I.R. was lodged by Father-in-law of the applicant,Ram Prasad Yadav on 29-03-2016 at 10.10 A.M. with the allegations that that the applicant and his family members caused death of Smt. Sunita alias Chhutki, aged about 28 years by setting her on fire. The F.I.R. was lodged under section 302 I.P.C. against four accused including the applicant, Indrajeet, his brother, wife of Indrajeet and Smt. Kunta, Mother in-law of the deceased. Three accused have been given clean chit by the police. However, the Chargesheet has been submitted against the applicant under section 306 I.P.C. It is submitted that there are three sons and one daughter from the wedlock of the applicant and the deceased. The eldest son of the deceased, Shailendra, aged about 9 years has given a statement under section 161 Cr.P.C. that the deceased set herself ablaze on account of some quarrel about trifles and petty points with his father. The applicant is the first offender and he is in jail since 31-03-2016. In the post-mortem report, cause of death is mentioned as Asphyxia and shock due to Anti-mortem burn injury. The ingredients of Section 306 I.P.C. are not satisfied. The accused has not provoked the deceased for committing suicide.

Learned A.G.A. has opposed the prayer for bail.

Having considered rival submissions of both the parties, considering facts and circumstances of the case, nature of accusation and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for bail.

Let applicant Om Prakash Yadav, be released on bail in the aforesaid case crime number on his furnishing personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions :

(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.