Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2523 of 2019 Applicant :- Deen Dayal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghubir Singh,Rajesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being father-in-law of deceased; that no specific role has been assigned to applicant regarding demand of dowry or treating the deceased with cruelty for non fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant may not be beneficiary of buffalo, motorcycle, gold chain and ring, allegedly demanded, as dowry; that applicant was living separately from his son and daughter-in- law; that there may be dispute between husband and wife and for untimely, unnatural death of deceased, at the most, husband may be liable, who is in custody; that applicant if at all is liable for offence under section 201 IPC for making evidence disappear by getting funeral of deceased without postmortem of body; that case of applicant is distinguishable from husband of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 7.7.2018.
Learned A.G.A. vehemently opposed the prayer of bail and contended that applicant was head of family and was living in adjoining portion of same house.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment 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 the applicant Deen Dayal Yadav be released on bail in Case Crime No.214 of 2018, S.T. No.576 of 2018, under Sections 498-A, 304-B, 201 IPC and 3/4 D.P. Act, P.S. Koraon, District Allahabad (Prayagraj) on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the 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 :- 25.2.2019 Tamang