Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49536 of 2021 Applicant :- Dileep Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kant Shukla Counsel for Opposite Party :- G.A.,Sanjay Kumar Singh
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for complainant as well as learned A.G.A for the State and perused the record.
Facts in brief are that deceased was wedded with co-accused Pradip Pandey on 12.3.2019 subjected to cruelty in relation of demand of dowry. On 14.9.2021 she committed suicide by hanging.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case on the basis of being the brother of her husband. He is jeth of deceased. Deceased was suffering from disease Hyphothyaradism for which she was under treatment and due to anxiety her mental state was not fit, therefore, she committed suicide. Further submitted that co-accused Vijay Pandey has already been granted bail by co-ordinate Bench of this Court on 24.11.2021 through Criminal Misc. Bail Application No. 47299 of 2021, since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. He is languishing in jail since 26.09.2021, having no criminal history 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 complainant as well as learned AGA opposed the prayer for bail and urged that he tortured the deceased and as a result she committed suicide.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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 Dileep Pandey involved in Case Crime No. 317 of 2021, under Sections 498-A, 304-B I.P.C. & Section 3/4 Dowry Prohibition Act, P.S. Buxa, District Jaunpur 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.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 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 :- 20.12.2021 A. Singh