- (1.) The applicant, his father and his mother along with other co-accused are alleged to have abetted the suicide of the deceased and there is a further allegation on the applicant that he has also committed the offence of rape. Needless to mention that the mother of the applicant has been bailed out on 18.11.2010 in Criminal Misc. Bail Application No.32008 of 2010 and father of the applicant has also been bailed out on 22.12.2010 in Criminal Misc. Bail Application No.35094 of 2010. The applicant discloses himself to be working in a private firm at Lucknow and he is not involved in any other criminal case so as to dis-entitle him to pray for bail.
(2.) Sri L.M. Singh, learned counsel for the applicant, submits that this was a case which prima facie indicated a relationship between the applicant and the victim, who wanted to live together and the victim who belongs to an inferior caste having failed to get the blessings of her guardians, was allegedly assaulted and done to death by her kith and kin or on account of being humiliated by them she may have committed suicide. It is further submitted that the entire investigation, the post-mortem report, the Punchnama and the stand of the Villagers, who could have been independent witnesses, clearly support the case of the applicant, who has been falsely implicated and charge-sheeted for the offences as alleged. Sri L.M. Singh has invited the attention to the various allegations contained in the bail application and has assisted the Court with parts of the Case Diary as produced by the learned A.G.A. to substantiate his pleadings. In short, the contention of the learned counsel is that the victim appears to have been brutally assaulted at her own house by her own kith and kin as she refused to listen to them and it appears that she was also set on fire to give the incident a shape of suicide.
(3.) The matter had been adjourned on the last 2 occasions to enable the concerned Investigating Circle Officer to be present along with the Case Diary and the relevant information and yesterday he was also commanded to file an appropriate Affidavit in the light of the queries raised by the Court in the order dated 28.1.2011. An Affidavit of Mr. Prem Prakash, the Circle Officer, Ghatampur, who is the Investigating Officer in the said crime, has been filed upon having served the same on the learned counsel for the applicant.;