Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14312 of 2019 Applicant :- Durgesh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This is the second bail application of the applicant.
Heard Sri Saurabh Yadav and Sri Dileep Kumar Srivastava, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. All the witnesses examined in the matter except P.W.1 have not supported the prosecution case. Referring to the post mortem report, it is also argued that cause of death of the deceased is ante mortem hanging. Neither the applicant has made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. Since all the fact witnesses have been examined, there is no chance of tampering of the prosecution evidence. The applicant is in jail for about six years. Minimum sentence for the offence under Section 304-B I.P.C. is of seven years. Thus referring to the aforesaid facts it is further argued that there is no chance for conclusion of trial in near future. It is further contended that the applicant is languishing in jail since 14.05.2015 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 AGA opposed the prayer for bail and argued that all the pleas taken in this bail application have already been taken and considered while deciding the first bail application of the applicant. It is also argued that P.W.1 has been examined before the trial court and he has supported the prosecution case.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses 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 Durgesh Yadav involved in Session Trial No.431 of 2018, (State vs. Durgesh) arising out of Case Crime No.486 of 2015, under Sections 498-A and 304-B I.P.C. and Section 3/4 D.P. Act, P.S. Turk Patti, District Kushinagar 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. 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.
4. 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.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that submissions/observations made in this order are only for deciding the bail application. Trial court will not be influenced with the same while deciding the trial Order Date :- 25.10.2021 Asha