Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16126 of 2021 Applicant :- Dwarika Prasad Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava,Jai Shanker Audichya,Ram Sagar Ram Counsel for Opposite Party :- G.A.,Surendra Mohan Mishra
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
According to the prosecution case, marriage of deceased with applicant was solemnized in the year 2005. The applicant was working in S.S.B. On 11.02.2021, the deceased has committed suicide at her matrimonial home at that time the applicant was on his duty in Assam.
It has been argued by learned counsel for the applicant that marriage of deceased with applicant has taken place 16 years prior to the incident and they were blessed with three children and thus, there are no reasons that why the applicant would abet the deceased to commit suicide. It is not disputed that at the time of incident applicant was in Assam on his duty. Learned counsel has referred the statements of children of deceased, wherein they have stated that deceased was not harassed by anyone but the applicant used to talk with one lady, namely, Nandni on phone, due to which deceased has committed suicide. Learned counsel submitted that except the said bald allegation, there is absolutely no evidence that applicant was having any relationship or affair with the said lady and that applicant was working in Assam. It has also been pointed out that only a few months prior to the incident, applicant has purchased a plot in the name of deceased by paying Rs.10 lacs. Learned counsel submitted that there is no evidence at all that applicant has abetted the deceased to commit suicide. It was submitted that applicant was working in S.S.B. and that now he is languishing in jail since 19.02.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A and learned counsel for the first informant have opposed the prayer for bail and argued that the children of deceased and applicant have made statements to the effect that deceased was having some relation with said Nandni and deceased has committed suicide due to that reason.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Dwarika Prasad involved in Case Crime No. 56 of 2021, under Sections 498-A, 306, 201 IPC and 3/4 Dowry Prohibition Act, Police Station Mahuli, District Sant Kabir Nagar, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.7.2021 A. Tripathi