Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8246 of 2019 Applicant :- Ghanshyam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava 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 brother-in-law (Sadu) of deceased; that as per averments made in F.I.R. lodged on 5.9.2018 by Dileep Kumar, his brother Pawan Kumar was married to Sujita, daughter of Ghisiyawan about 3 months back on 8.6.2018 and on 2.9.2018 his brother Pawan Kumar seen his wife Sujita in compromising position with applicant and when he admonished his wife he was mercilessly beaten by his father-in-law and applicant and was ousted from home at 8:00 p.m. and later on after calling him his signatures were obtained at Police Chauki over 3 plain papers and above incident was narrated by Pawan Kumar on his coming home on 3.9.2018 and during night on account of torturous treatment of Sujita, Ghisiyawan and Ghanshyam, he committed suicide by hanging himself from Banyan tree; that it is absolutely wrong to say that applicant was having illicit relationship with wife of deceased or was seen in compromising position or beaten deceased upon protest raised by him; that applicant did not cause any abetment to deceased for committing suicide; that applicant had no reason to abet or instigate deceased for committing suicide; that co-accused Sujita and Ghisiyawan have been granted bail by other Benches of this Court vide orders dated 29.11.2018 & 13.2.2019 passed in Criminal Misc. Bail Application No.45560 of 2018 & 6431 of 2019 respectively, copy produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 3.10.2018.
Learned A.G.A. vehemently opposed prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment; grant of bail to co-accused 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 Ghanshyam be released on bail in Case Crime No.459 of 2018, under Section 306 I.P.C., P.S. Bakhira, District Sant Kabir Nagar, 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 she 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 :- 26.2.2019 Kpy