Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54024 of 2021 Applicant :- Baldev Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Virpratap Singh,Rajat Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard 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 with a prayer to release him on bail in Case Crime No.94 of 2020, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, P.S. Binwar, District Hamirpur, during pendency of the trial.
It is argued by learned counsel for the applicant that applicant is father-in-law of deceased and has falsely been implicated in the present case; no case of demand of dowry has been made against the applicant; deceased died on account of 45 % burn injury; there is delay in lodging the F.I.R. which has not been explained. It has been next argued that S.I. Sangeeta Kumari had recorded video of deceased from which it is clear that deceased has not named any person for committing the crime; statement of S.I. Sangeeta Kumari is part of the case diary and recorded video is not tampered; applicant is aged about 67 years old; he has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 09.07.2020 and in case he is enlarged on bail he will not misuse the liberty of bail and co- operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Baldev, who is involved in the aforesaid case 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.12.2021 Meenu Digitally signed by Justice Deepak Verma Date: 2021.12.22 16:49:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad