Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43499 of 2021 Applicant :- Baburam Opposite Party :- State of U.P.
Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.48 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Jafarganj, District Fatehpur during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. The F.I.R. was lodged against three accused persons including the applicant and husband of the deceased with the allegation that the husband and her in-laws not being satisfied with the dowry started harassing/torturing the deceased for Motorcycle, ultimately in the night of 30/31.05.2021 all the accused persons hanged her after beating and killing by throttling. The postmortem report indicates that the deceased was died to due to asphyxia as a result of antemortem strangulation. It is further contended by learned Counsel for the applicant that the marriage of the deceased was performed with the son of the applicant on 02.06.2019 and the presumption, if any, is against the husband as per Section 113B of Evidence Act. It is next contended that the applicant is father-in-law of the deceased and the husband in his statements recorded under Section 161 Cr.P.C. has confessed that he had killed his wife on account of dowry, the applicant is a senior citizen aged about 65 years. Lastly it is contended that the applicant is in jail since 04.06.2021 having no criminal history to his credit as stated in paragraph no.21 of the affidavit filed in support of the bail application and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Baburam involved in aforesaid crime be released on bail on his furnishing a personal bond and two 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 attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.10.2021 S.P.