Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4325 of 2021 Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is husband of deceased and he has not committed any offence. The marriage of deceased with applicant has taken place about 15 years prior to the incident and out of that marriage, they were blessed with four children and thus, there are no reasons at all that why he would cause death of his wife. During period of 15 years, there was no complaint of any harassment of deceased against the applicant. Learned counsel submitted that except one minor abrasion, no other injury has been shown on the body of deceased and that cause of death could not be ascertained and viscera was preserved. The viscera report is yet to be received. Learned counsel submitted that in fact there is no evidence that death of deceased is homicidal. It was also pointed out that hyoid bone of deceased was shown intact. Lastly, it was submitted that the applicant is languishing in jail since 09.07.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Dharmendra involved in S.T. No. 49 of 2020, Case Crime No. 0082 of 2020, under Section 304 IPC, P.S. Kadaura, District Jalaun, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 20.9.2021/A. Tripathi