SHYAMU Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit filed on behalf of applicant is taken on record.

(2.) Submission of the counsel for the applicant is that it is said that as the girl was seen along with the applicant by several people going from one place to another in the same town on a motorcycle, it became a talk of the society and she just out of shame and sense of humiliation committed suicide in her own house. Further submission is that as the applicant is said to have taken the deceased on his motorcycle that is why he is said to be responsible for the death of the deceased. It is further submitted that there is absolutely no tangible evidence which may be treated or called an evidence of abetment or which might have compelled or inspired the girl to commit suicide. Contention is that even if it is presumed that the applicant took the girl on his motorcycle which became the talk of the town, it cannot be said that the applicant is abetter of the suicide committed by the girl. It was also pointed out that it is not a case where the applicant is facing any allegation of kidnapping or abducting the girl or to have taken her away from her home to any place outside the town. It was in the town itself that the applicant is said to have taken her from one place to another only. It is further contended that the deceased was a decent girl and was very sensitive and it was her over sensitive nature which resulted into this kind of incident. Further submission is that in fact as she had committed suicide in her own house the more likely probability is that the family members of the deceased might have themselves raised objection about the going of the deceased with the applicant and they might be responsible for saying things or doing things which eventually led to commission of suicide by the deceased. It is also submitted that the facts and circumstances as to how did she commit suicide is within the realm of the especial knowledge of the family members of the deceased itself and the applicant is not in a position to explain the same. Contention is that it will be too farfetched to draw the inference of abetment against the applicant on the facts and circumstances of the case where the only evidence available is that he along with the deceased was seen going together by some people. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 7.8.2015 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

(3.) Learned A.G.A. has opposed the prayer for bail.