Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27060 of 2021 Applicant :- Bobby Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.,Kuldeep Kumar
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Bobby, in Case Crime No. 5 of 2021, under Sections-498- A, 323, 504, 506, 304-B I.P.C. and 3/4 D.P. Act, Police station-Syana, District-Bulandshahr.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 04.02.2021; he is of no criminal antecedent; he is younger brother of the husband of the deceased i.e. dewar, having no concern with the affairs of the deceased or her husband; husband is languishing in jail; dying declaration was recorded before the Medical Officer at Community Health Centre, Syana, wherein, the role of putting at ablaze has been assigned to husband; the recovery and treatment for 27 days is there and after which she came back to her parental house and after three days of same this death was there, hence, the alleged dying declaration is not under close proximity of time and the same may not deemed to be dying declaration and the specific role of putting at ablaze is against the husband of the deceased and not against the applicant; against the applicant general allegations of demand of dowry and torture is there; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Bobby, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 28.10.2021 Deepak/