Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20807 of 2018 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard Sri P.K.Srivastava, learned counsel who has filed his power on behalf of the applicant today in the Court which is taken on record and learned A.G.A. for the State.
It is contended by learned counsel for the applicant that the applicant is the brother-in-law(devar) of the deceased who has been falsely implicated in the present case on general allegations. Learned counsel further contends that the applicant was living at the ground floor of the building in question and the deceased along with her husband was living at the first floor of the building in question. It is thus contended that the applicant was living separately from the victim and her husband and therefore, the implication of the application of the applicant is against the settled principle of law as laid down in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh reported in 2012 (10) SCC 741. It is next contended that the applicant is a student and has been falsely implicated due to ulterior motive. It is next argued that there is no likelihood of the conclusion of the trial in the near future and that the applicant is neither a previous convict nor he has any previous criminal history. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 31.10.2017.
Learned A.G.A. has opposed the bail prayer of the applicant.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Dharmendra involved in Case Crime No.423 of 2017, under Sections 498A, 304-B, 323 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Jewar, District Gautambudh Nagar, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 31.5.2018 S.Ali