Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34846 of 2021 Applicant :- Chunubad Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that deceased was wedded to Ram Kishor on 17.6.2019, thereafter she was subjected to harassment in relation to demand of dowry. On 19.10.2020 she was found dead. F.I.R. was lodged by father of deceased on 20.10.2020 under Sections 498-A, 304-B IPC & Section 3/4 D.P. Act.
It is submitted by learned counsel for the applicant that he is father-in-law of deceased aged about 75 years. He is innocent and has been falsely implicated in the present case being the father of husband. He has committed no offence. He was living separately with his wife from the family of deceased. There was no any interest of applicant in demand of dowry. Further submitted that during investigation, it has also been found by Investigating Officer that applicant was living separately. There was no involvement of applicant in the incident. He is languishing in jail since 07.12.2020, having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and urged that in this case deceased died in her Sasural and in postmortem report her death was found due to asphyxia as a result of ante-mortem strangulation.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and fact that he was living separately from the family of deceased; without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Chunubad involved in Case Crime No. 93 of 2020, under Sections 498-A, 304-B I.P.C. & Section 3/4 Dowry Prohibition Act, P.S. Jaspura, District Banda be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. 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 breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.12.2021 A. Singh