Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35114 of 2015 Applicant :- Amar Opposite Party :- State Of U.P.
Counsel for Applicant :- Pawan Kumar Srivastava,Bipin Kumar Tripathi,Prabhat Kumar Pandey Counsel for Opposite Party :- Govt. Advocate
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. He is the husband of the deceased. Cause of death of the deceased is superficial deep burn injury. It is further submitted that when the deceased was cooking food, she was burnt. Entire allegation levelled in the FIR are false. Applicant and his family members themselves have taken the deceased for treatment. They remain present in the hospital till her death. No dying declaration has been recorded. All the fact witnesses have been examined in the matter before the court on oath but they have not supported the prosecution case. No demand was ever made by the applicant. There is no chance for tempering the evidence or threatening the witnesses. No prima facie case is made out against the applicant. The applicant has no criminal history. He is languishing in jail since 28.01.2015 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer and argued that although fact witnesses have been examined in the matter but Investigating Officer and Doctor are still to be examined.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and 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.
Let the applicant Amar involved in Case Crime No. 436 of 2014, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Pipraich, District - Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.5.2019 Sanjeet