Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20184 of 2018 Applicant :- Dinesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Kumar Sharma,Vikas Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against five accused persons, namely, Awdhesh Kumar Gautam, Dinesh, Rajesh, Awadh Kishor Gautam and Ram Khiladi Gautam alleging that Smt. Poonam Gautam, daughter of informant Smt. Brahma Devi Tiwari, was married with Awadhesh Gautam, 8 years ago; applicant and his family members started cruelty with her and also started demanding money to start business; on 19.09.2017, dead-body of Smt. Poonam Gautam was recovered on the road, there was injury on her body; she was died due to shock and hemorrhage as a result of ante-mortem injuries.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no specific role of demand of dowry against applicant; the applicant is the jaith of deceased Smt. Poonam Gautam; there is no any evidence of murder against applicant; the co-accused Rajesh Gautam has already been enlarged on bail by this Court vide order dated 16.04.2018 passed in Criminal Misc. Bail Application No. 13869 of 2018, copy of which has been annexed as Annexure-7 of the bail application; the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 10.10.2017 (more than seven months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who has already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Dinesh involved in the Case Crime No. 238 of 2017, under Sections 302, 201, 498A, 120B I.P.C. & 3/4 D.P.
Act, P.S. Sahapau, District Hathras be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 S.K.