Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25141 of 2019 Applicant :- Dev Nath Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J.
Vakalatnama filed today by Shri Gulab Singh Yadav, Advocate on behalf of informant is taken on record.
Heard learned counsel for the applicant, learned counsel for informant and the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is father-in-law of deceased. He is innocent and has been falsely implicated in the present case. He has not committed the present offence. No active role has been assigned against him to attract the alleged offences. Referring to statement of witnesses recorded during investigation and also the contents of F.I.R. it is submitted that if entire prosecution case is taken into consideration then also husband of deceased can be held responsible for the present matter. Applicant, who is father-in-law of deceased, has no concern with the present matter. Death of deceased was natural. Information was given to parents of deceased. Maternal uncle of deceased was present at the time of cremation. The applicant has no criminal history. He is languishing in jail since 20.2.2019 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 counsel for informant and the learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and 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 Dev Nath Yadav involved in Case Crime No. 163 of 2018, under Sections 498-A, 304-B, 201 IPC and 3/4 D.P. Act, P.S. Bansdih Road, District - Ballia 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. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial. The applicant will not pressurize/ intimidate the prosecution witness.
2. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
3. 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. 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 :- 24.6.2019/safi