Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27722 of 2021 Applicant :- Deepak Opposite Party :- State of U.P.
Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri I.C. Tyagi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 377/2020, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Nai Mandi, District Muzaffar Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned senior counsel for the applicant that the accused-applicant is husband of deceased and he has not committed any offence. It was submitted that the marriage of applicant with deceased was solemnized on 27.11.2013 i.e. before six years and eight months of alleged incident and that they were blessed with two children and thus there are no reasons that after so much time of marriage why applicant would harass the deceased on account of dowry. It was further submitted that in postmortem report except ligature mark, only some minor abrasions have been shown and it appears that the same were sustained while deceased has committed suicide and that the cause of death of deceased has been stated asphyxia as a result of ante-mortem hanging and that besides applicant, his parents and sister were also named in the FIR and that only general allegations of dowry demand and harassment have been levelled against the applicant and co-accused persons and that no specific role has been assigned to the applicant. Learned senior counsel has submitted that children of applicant and deceased are living with parents of applicant and that applicant is required to take care of them. It was also submitted that during trial, PW-1 Monu (first informant/brother of deceased), PW-2 Sandeep (brother of deceased) and PW-3 Satpal Singh (father of deceased) have already been examined before the court below and they have not supported the prosecution version. It has further been argued that the applicant is in judicial custody since 01.08.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is husband of deceased and there are allegations of dowry demand and harassment of deceased against the applicant.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Deepak involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 12.8.2021 Anand