Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8726 of 2019 Applicant :- Durga Prasad @ Bade Bhai Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being father-in-law of deceased; that as per averments made in F.I.R. lodged with an inordinate delay on 27.8.2018 by Heera Lal, his daughter Renu was married to Kisi Chand on 18.4.2012 and on 21.8.2018 at about 8:00 a.m. she was put to fire after pouring kerosene on her, as her husband and in-laws were not happy with dowry given at the time of marriage and used to treat her with cruelty and at about 9:00 a.m., husband of deceased informed about burn injuries and when first informant reached Ruhelkhand Medical College, Bareilly, he found severe burns to his daughter, who was telling that her husband and in- laws put her on fire and she succumbed to burn injuries at about 3-4:00 p.m. on 21.8.2018 at Ruhelkhand Medical College, Bareilly; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that real fact is that following quarrel with her Jethani, Renu poured kerosene on herself and put her on fire, which was also informed by her husband at the medical college at the time of admitting deceased at Ruhelkhand Medical College, Bareilly at 10:58 a.m. on 21.8.2018; that death of deceased has taken place due to superficial and deep burns upto 89%; that following dispute between husband and wife or dispute with Jethani, deceased appears to have sustained burn injuries for which her husband may be held responsible; that case of applicant is distinguishable from husband; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 19.10.2018.
Learned A.G.A. vehemently opposed the prayer of bail and contended that husband of deceased made a false statement of self immolation by deceased following alleged quarrel with Jethani.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Durga Prasad @ Bade Bhai be released on bail in Case Crime No.234 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S.Qualaria, District Bareilly on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2019 Tamang