Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11073 of 2018 Applicant :- Buddhu Alias Buddh Vilash Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Rajiv Dwivedi, learned counsel for the applicant and Sri Indrajeet Singh, learned AGA along with Sri Vivek Dubey appearing for State.
This is an application for bail on behalf of Sri Buddhu alias Buddh Vilash in Case Crime No. 350 of 2017, under Sections 498-A, 304-B, 325 IPC and 3/4 of Dowry Prohibition Act, P.S. Kotwali Karvi, District- Chitrakoot.
The submission of the learned counsel for the applicant is that the applicant is a brother-in-law (devar) of the deceased; that the allegations are general in nature with no specific role being assigned; that it is further submitted that the applicant along with his mother, that is to say, the mother-in-law and his father, that is to say, father-in-law of the deceased is living separately of the deceased and her husband as specifically stated in paragraph 15 of the affidavit; that the co-accused mother-in-law has been admitted to the concession of bail vide order dated 17.07.2017 in Criminal Misc. Bail Application No. 24482 of 2017; that the applicant on the basis of the said order is entitled to bail on the ground of parity; and that the applicant is a respectable man with no criminal history who is in jail since 15.05.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand. However learned AGA does not dispute the fact that allegations are general in nature and the fact of parity.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the severity of the punishment but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Buddhu Alias Buddh Vilash involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.3.2018 S. Thakur