Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26666 of 2018 Applicant :- Dharmendra Alias Yudhishthir Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Wajid Ali,Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Dharmendra Alias Yudhishthir with a prayer to release him on bail in Case Crime No.90 of 2018, under Sections 306, 498-A IPC, Police Station Meerganj, District- Bareilly, during pendency of trial.
Submission is that prior to the incident, the deceased was subjected to rape and she was facing lot of harassment on account of news in this regard in newspapers. The statement of the deceased under Section 164 Cr.P.C.was recorded in Case Crime No. 288 of 2017, under Section 302 and 498-A IPC, which shows that the accused persons were not arrested and they were threatening her to dire consequences and also beaten her husband. They were threatening her to enter into compromise. It has been submitted that deceased was under tremendous pressure. However from the allegation made in the FIR, it is clear that the applicant was not looking after his wife and family well and used to fight her often. Learned counsel for the applicant has submitted that the case of suicide of the deceased was not domestic trouble, but her rape by four persons, who have still not been arrested by the police. The applicant has to look after three children left behind by her deceased wife. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 9.3.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Dharmendra Alias Yudhishthir involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2019 Ruchi Agrahari