Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.671 of 2018, under Sections 498-A, 304-B I.P.C. and Sections 3/4 of D.P. Act, Police Station- Ashiyana District- Lucknow with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that the applicant is brother in law (jeth) of the deceased. The marriage of the brother of the applicant was solemnized with the sister of the informant on 17.5.2017 and she was enjoying her matrimonial life and due to some trivial issues in between the husband and wife, deceased committed suicide on 10.11.2018 of which information was given to the family member and on the basis of concocted facts F.I.R. in question was lodged with the general allegations of demand of dowry and charge-sheet was filed after framing the charges. Three witnesses of facts have been examined before the trial court. The applicant is in jail since 18.11.2018. There is no specific allegation against the applicant and only general allegation is alleged against the applicant and cause of death is hanging and oblique ligature mark was found around the neck. The applicant has no criminal antecedent. There is no possibility for early disposal of trial. The applicant is, therefore entitled for bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that deceased died within seven years of marriage by hanging but does not dispute the fact that general allegations have been made against all the accused persons.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Farid @ Gabbar - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 27.8.2021 Anuj Singh