Allahabad High Court
Jeetu vs State Of U.P. on 6 July, 2021
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL APPEAL No. - 2321 of 2021
Appellant :- Jeetu
Respondent :- State of U.P.
Counsel for Appellant :- Narendra Singh Chahar
Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
(Order on Appeal)
Heard the learned counsel for the appellant through video conferencing, learned A.G.A for the State and perused the judgment and order dated 4.3.2021 passed by Addl. Sessions Judge/Fast Track Court-I, Agra in S.T. No. 335 of 2011 (State vs. Jeetu and others).
Admit.
Learned A.G.A. has accepted notice on behalf of the State.
Summon the lower court record.
List this appeal for hearing after twelve weeks.
(Order on Bail Application)
Learned counsel for the appellant has submitted that the appellant who is the husband of the deceased Manju Devi has been falsely implicated in the present case by his brother-in-law (saala), although the deceased had committed suicide by hanging herself in her matrimonial home on 29.1.2011 in a spell of depression emanating from the fact that she was unable to conceive, even after several years of her marriage as she suffered four miscarriages. The deceased was not in fit mental condition and and she was under treatment of Dr. Kusum Kunte in Agra. The present accused was called by his neighbour when the deceased was found hanging and her dead body was brought out from the room after breaking the door by his neighbours. The information of the incident was given to the police by the appellant himself, which is evident from the statement of the Investigating Officer, which is annexed at page 78 onwards. He also submits that there is no evidence on record, which indicates that the applicant has abated, instigated the deceased to commit suicide. He lastly submits that the appellant who was on bail during the pendency of the trial and there is no instance of misuse of liberty of bail, therefore, the appellant is entitled to be enlarged on bail during the pendency of the appeal.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the deceased having died within seven years of her marriage in her matrimonial home and her death being unnatural, a very strong burden is cast upon the defence to explain the circumstances under which circumstances the victim had died.
In my opinion, prima facie, the aforesaid submissions of the learned counsel for the appellant has substance, therefore, it is just and expedient to exercise the discretion in favour of the appellant.
Keeping in view the entire facts and circumstances of the case and submission of the learned counsel for the appellant and the learned A.G.A., the appellant is released on bail in all the offences they have been convicted and sentenced, in the aforesaid Session Trial, during the pendency of the appeal, on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of half of the fine shall remain stayed during pendency of the appeal, provided the appellant deposit half of the fine.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record of this appeal.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.7.2021
Faridul
