Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42456 of 2020 Applicant :- Girish Opposite Party :- State of U.P.
Counsel for Applicant :- Varinder Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Girish with a prayer to enlarge him on bail in Case Crime No. 517 of 2019, under Sections 498A, 302, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Chandausi, District Sambhal.
The submission of learned counsel for the applicant is that the applicant is in jail since 1.1.2020, the deceased was married with co-accused Jitendra in the year 2009. In the FIR allegation of dowry demand and harassment has been made and it has been alleged that death was caused by throttling. It has been further submitted that after the death the cremation of the dead body took place and thereafter after 14 days the FIR was lodged in which all the family members were made accused on the basis of general allegations. Further submission is that there is no specific role assigned to the accused-applicant, he is brother- in-law of the deceased. It has also been submitted that because there is no post mortem it can be hardly said that the deceased died in doubtful circumstances or her death was homicidal. There is no criminal history and the accused-applicant is prepared to furnish sureties and bonds and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for grant of bail but he has conceded that charge sheet has already been filed. The facts argued by learned counsel for applicant has not been specifically disputed.
Considering the submissions made by learned counsel of both sides, without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the 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 applicant 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 :- 5.1.2021 Md Faisal