Anjani Kumar Mishra, J.
1. Heard Sri I.K.Chaturvedi, learned Senior Advocate, assisted by Sri Pavan Kumar Mishra, learned counsel for applicant, Shri Bhuvnesh Kumar Singh, learned counsel for the first informant as also learned AGA for the State and perused the record.
2. It is submitted that applicant has been falsely implicated in this case. It is next submitted that as per the FIR version, the deceased Neeraj was being harassed by the applicant, who was Junior Engineer in electricity department, as a result of which on 09.07.2019, he committed suicide and left a suicide note, in which he made allegation of harassment against this applicant. Initially, the deceased was operating Chakki and he got sanctioned connection of 6 KV, but he was making theft of electricity by connecting two phase cable prior to the meter by making a cut.
3. It is further submitted that the applicant and other employees had inspected the Floor Mill (Chhaki) of the deceased on 25.06.2018 and the theft of electricity was found being committed by the deceased, the check report was prepared and matter was reported to the authorities. Thereafter, on the basis of said theft, an assessment amounting to Rs. 5,98,682/-was made against the deceased by the Executive Engineer against which, the deceased has filed a Writ C No. 8904 of 2019 before this Court, in which on 27.03.2019, a direction was given to the petitioner to file his objection before the Executive Engineer pursuant to the provisional assessment and the Executive Engineer will consider the objection of the petitioner and decide the same in accordance with law. In the meantime, recovery citation for assessment amount was also issued by Executive Engineer, in pursuance of which, recovery was being made by the Amin of Tehsil. Further the deceased filed an objection before the Executive Engineer on 16.04.2019, which was finalized on 17.08.2019.
4. It is next submitted that the deceased has already been suffering from various ailments and facing problems, so he committed suicide on 09.07.2019 and left a suicide note, in which he made allegations of harassment against this applicant. It is also submitted that this applicant was discharging his official duty, in pursuance of which he inspected the premises of the deceased where he detected theft of electricity at the Chakki of the deceased and as per provisions of law assessment was made by the Executive Engineer. This applicant has not made any kind of harassment or demand from the deceased. The allegation made in the suicide note by the deceased is totally false. Nothing is on record to substantiate the allegation of the deceased regarding harassment by the applicant. It is also submitted that the deceased had never made any complaint to the authority concerned regarding harassment and demand as alleged against this applicant. In this way, there is nothing on record to show that the deceased committed suicide as a result of abetement made by this applicant.
5. The learned counsel for the applicant has next submitted that applicant has no criminal antecedent and he is in jail since 20.04.2022, therefore, requested for bail. In case he released on bail, he will not misuse the liberty of bail and will co-operate in trial.
6. Learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and submitted that from perusal of the contents of the suicide note prepared by the deceased it reveals that this applicant has made harassment of the deceased and made pressure upon the deceased for realizing the money mentioned in the recovery certificate and due to misbehave of this applicant, the deceased committed suicide, therefore, the applicant is not entitled for bail.
7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of allegations, evidence on record, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant Gaurav Kumar @ Animesh Tejyan involved in Case Crime No. 611 of 2019, under Section 306 I.P.C., Police Station Kotwali City, District Bijnor, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
