Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32287 of 2013 Applicant :- Bani Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Babu Sharma,Jai Narain Counsel for Opposite Party :- Govt.Advocate
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of applicant. Learned A.G.A. is present for State. However, I myself have perused the record.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 190 of 2012, under Sections 498A and 304B I.P.C. and Sections 3/4 Dowry Prohibition Act, 1961, Police Station Siyana, District Bulandshahar.
3. It is stated in the affidavit accompanying to bail application that applicant is absolutely innocent and has been falsely implicated in the present case. There is no evidence to show that death of complainant's sister occurred by poisoning as postmortem report shows that viscera has been preserved for chemical analysis and cause of death could not be ascertained. There is no viscera report has been received so far to prove that death of deceased was caused due to poisoning. It is specifically stated in para-22 of affidavit that other co-accused have already been released on bail by Court below. Applicant is languishing in jail since 13.07.2012. In case, applicant is released on bail, he will not misuse the liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Bani Singh, involved in Case Crime No. 190 of 2012, under Sections 498A and 304B I.P.C. and Sections 3/4 Dowry Prohibition Act, 1961, Police Station Siyana, District Bulandshahar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of reach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
9. It is made clear that since this application was filed in 2013 and has been listed before this Court in 2019 and none is able to give any information about present status, it is provided that in case trial has already concluded or there is any other happening on account whereof this application has rendered infructuous, it is made clear that in such case, this order shall not have legal consequence and this application shall be deemed to have been rejected.
Order Date :- 28.1.2019 Siddhant Sahu