Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34483 of 2019 Applicant :- Atul Opposite Party :- State Of U.P.
Counsel for Applicant :- Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Smt. Babita Chandra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against six accused persons namely, Atul (husband), Smt. Sheela (mother-in-law), Veerpal (father-in-law), Boby (nanad), Amit (jeth) and Smt. Sheetal (jethani) alleging that the marriage of deceased Komal was solemnized with Atul on 7.3.2011, they demanded dowry from the deceased for which the deceased was being tortured by them and on 29.3.2018 they killed Komal. According to postmortem report, cause of death was found asphyxia as a result of throttling and hyoid bone was found intact.
It is submitted by learned counsel for the applicant that due to husband the applicant has been falsely implicated in the present case. Co-accused namely Sheela has been granted bail by this Court vide order dated 10.7.2019 in Criminal Misc. Bail Application No. 27469 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Hyoid bone was found intact. Offences levelled against the applicant are not attracted in the present matter. Deceased has committed suicide herself. Applicant is languishing in jail since 6.6.2018 (more than one year and two month) having no criminal history. Due to heavy workload in the trial court, there is no possibility to get this case decided in near future 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 and also admitted that the case of the applicant is identical to the case of co-accused, who has already been enlarged on bail.
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 Atul involved in Case Crime No. 117 of 2018, under Sections 302, 498-A IPC, P.S. Shingawali Aheer, District Baghpat 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 she is accused, or suspected, of the commission of which she 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 her 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 :- 26.8.2019 OP