Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7808 of 2018 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Prasad Yadav,Shiv Badan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit has been filed on behalf of State in Court today is taken on record.
Heard Sri Mahesh Prasad Yadav, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA alongwith Sri Vivek Dubey appearing on behalf of the State.
This is an application for bail made on behalf of Dharmendra in Case Crime No.338 of 2017, under Sections 363, 366, 376, 306, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Kotwali Nagar, District-Hamirpur.
The submission of the learned counsel for the applicant is that the applicant is the brother-in-law (Jeth) of the elder sister of the deceased Sangita; that Sangita had moved over for some time to her elder sister, Kanti's matrimonial home in order to help her elder sister with the daily stressful household chores; that during her stay at her elder sister's matrimonial home, the deceased Sangita became intimate with the younger brother of her elder sister's husband, that is to say, Nand Kishore, who is also a brother of the applicant; that the two stayed together in a relationship over a period of one year but with passage of time there was a social frown from different quarters of the family and society that led both families to think about settling the two in marriage; that the prosecution according to the submission of the learned counsel for the applicant has falsely alleged that for the said marriage the applicant and his brother demanded dowry in the sum of Rs.20,000/- and certain other things which distressed the deceased Sangita so much that she committed suicide by consuming some poisonous substance; that the applicant Dharmendra lives in a separate house away from Nand Kumar and Bhawani Deen; that she was rushed to the hospital by her elder sister's husband (Jeeja), Bhawani Deen but she could not survive; that so far as the applicant is concerned there is no specific role assigned to him except general allegations of a demand of dowry before marriage; that under identical circumstances, the mother-in-law of the deceased Sangita's elder sister has been admitted to the concession of bail by this Court vide order dated 28.02.2018 passed in Criminal Misc. Bail Application No. 8078 of 2018; and, that the applicant is a respectable man with no criminal history who is in jail since 11.10.2017.
Learned AGA has opposed the bail with the submission that the applicant being a senior male member of the family house where the deceased was living and committed suicide he is answerable. However, the learned AGA does not dispute the fact that allegations are general in nature and the fact of parity.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, in particular, the fact that no act of instigation prima facie appears to be attributed to the applicant but without expressing any opinion on merits, this Court finds it to be a fit case for bail. The bail application, accordingly, stands allowed.
Let the applicant Dharmendra be enlarged on bail involved in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.3.2018 S. Thakur