Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12696 of 2021 Applicant :- Anil Opposite Party :- State of U.P.
Counsel for Applicant :- Kamal Dev Rai Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is husband of deceased and that he has not committed any offence. The marriage of deceased with applicant has taken place more than six years back and they were blessed with two children. The allegations regarding dowry demand and harassment are false and baseless. Learned counsel has pointed out that after registration of case, during investigation, the first informant as well as brother of deceased and some other witnesses have clearly stated that deceased was a short tempered lady and often she used to loose her temper on small issues and that no demand of dowry was made by applicant and his family members and that they did not want any action against the applicant and of his family members. Learned counsel has pointed out that in view of the supplementary statements of witnesses, recorded during investigation, no case under Section 304B IPC is made out against the applicant. As per postmortem report, no injury has been shown on the body of deceased and viscera of deceased was preserved and as per viscera report, Aluminium Phosphide was found in viscera of deceased. It has been further submitted that applicant has responsibility to maintain his two minor children and now the applicant is languishing in jail since 08.09.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, supplementary statements of first informant and other witnesses and all attending facts and circumstances of the case, without expressing any opinion on 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 Anil involved in Case Crime No. 104 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Raja Ka Rampur, District Etah, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.8.2021 A. Tripathi