Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50314 of 2017 Applicant :- Ashok Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Chahar,Anurag Vajpeyi,Dileep Kumar,Sandeep Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri R.K. Singh, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against five accused persons namely, Lokendra, Srikrishn (father-in-law), Parvati Devi (mother-in-law), Ashok (dever) and Lalitesh (devar) alleging that the marriage of deceased Nilam was solemnized with Lokendra before six years, they demanded dowry from deceased for which deceased was being tortured and beaten by them and on 9.4.2017 they poured kerosene and set her ablaze. She received 72 per cent burn injury, resultantly died on 4.6.2017.
It is submitted by learned counsel for the applicant that applicant is the brother-in-law(devar) and young boy. At the time of incident, applicant is doing private job at Maharashtra. The applicant is innocent and has been falsely implicated in the present case. There is no possibility to get this case decided in short period in future. Deceased was admitted in the hospital by family members of applicant. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present matter. There is no independent witness. He is languishing in jail since 2.8.2017 (near about one year and six months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ashok involved in Case Crime No. 90 of 2017, under Sections 498-A, 323, 307, 302 IPC and Section 3/4 Dowry Prohibition Act, P.S. Shamshabad, District Agra 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 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 A. Singh