Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27573 of 2021 Applicant :- Baijnath Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- Vikash Chandra Tiwari
Hon'ble Om Prakash-VII,J.
Crl. Misc. Exemption Application is allowed.
List revised. None present for the informant. Learned counsel for the applicant as well as learned A.G.A for the State are present.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is the father-in-law of the deceased. He has no concern with the present matter. No specific role has been assigned to the applicant. A general role has been assigned in the F.I.R. Neither he raised any demand of dowry at any point of time nor was deceased subjected to cruelty or harassment by him. Merely because the applicant is family member of the husband of the deceased, he has been roped in falsely in this case by the informant. Cause of death is ante mortem strangulation. The applicant has no criminal history. He is languishing in jail since 22.4.2021 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, severity of punishment, and 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 Baijnath involved in Case Crime No.126 of 2021 under Sections 498-A, 304-B, 504 IPC and 3/4 Dowry Prohibition Act, Police Station Mahuli, District - Sant Kabir Nagar 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. 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.
4. 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.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 6.10.2021 ss Digitally signed by OM PRAKASH Date: 2021.10.07 16:46:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad