Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8234 of 2019 Applicant :- Bilal Opposite Party :- State Of U.P. Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri Akash Khare, Advocate on behalf of first informant is taken on record.
Heard Sri Adesh Kumar, learned counsel for applicant, Sri Akash Khare, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death being Devar of deceased; that as per averments made in F.I.R. lodged by Irshad on 30.7.2018, his sister Yasmin was married to Imran in the year 2012 but was being treated with cruelty for non-fulfilment of demand of Rs.2,00,000/- and Car; that applicant neither made any demand of Rs.2,00,000/- and Car as dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant may not be beneficiary of Rs.2,00,000/- and Car allegedly demanded, as dowry; that applicant was working as Carpenter at Noida while deceased was living with her husband in village Mobin Nagar, District Meerut; that post-mortem report states that death of Yasmin was caused due to asphyxia as a result of ante-mortem smothering for which only her husband may be held liable; that case of applicant is distinguishable with Imran, husband of deceased; that co-accused Smt. Khatoon has been granted bail by another Bench of this Court vide order dated 20.2.2019 passed in Criminal Misc. Bail Application No.7276 of 2019, copy produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 31.7.2018.
Learned A.G.A. and learned counsel for first informant vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Bilal be released on bail in Case Crime No.965 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, P.S. Lisadigate, District Meerut, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.2.2019 Kpy