Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13799 of 2021 Applicant :- Baburam Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Kumar Shukla,Sanjay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that deceased Arti was wedded to Tejpal and sufficient dowry was given. After marriage, she was subjected to harassment in relation to demand of dowry. On 12.3.2020 she committed suicide by taking poison.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case. Applicant is father-in-law of deceased. He has committed no offence. There is no any interest of applicant in demand of dowry and harassment. He is aged about 63 years. Deceased has committed suicide herself. No any injury was found on her person at the time of postmortem report even though applicant has falsely been implicated in this case on the instance of instigation of inimical villagers with ulterior motive. Further submitted that co-accused Smt. Hardei has already been granted bail by co-ordinate Bench of this Court on 27.7.2021 through Criminal Misc. Bail Application No. 13950 of 2021, since the role of the applicant is not distinguishable with the role of co- accused, the applicant is also entitled for bail. He is languishing in jail since 27.01.2021, 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.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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 Baburam involved in Case Crime No. 96 of 2020, under Sections 498-A, 304-B I.P.C. & Section 3/4 Dowry Prohibition Act, P.S. Shahi, District Bareilly 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.
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 :- 22.12.2021 A. Singh