Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32022 of 2018 Applicant :- Gopal Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Brahm Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Brahm Prakash Mishra, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Gopal Jaiswal in Case Crime No.108 of 2017, under Sections 323, 504, 376, 511, 307, 498-A I.P.C. and 3/4 of D.P. Act, Police Station Mirzamurad, District- Varanasi with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is the husband of the victim. The allegations made in the F.I.R. are of alleged demand of dowry and the attempt to murder her by her mother-in-law. It is argued that F.I.R. has been lodged by the victim on account of personal grudge and differences with the applicant and other family members. He next contended that the allegation of victim that the applicant's father who is aged man has also attempted to commit rape with her, smacks of mala fide. He further submits that in the injury report the doctor has stated that there are 2-3 per cent burn injury and neither seat of injury nor dimensions have been mentioned in it. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 21.05.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Gopal Jaiswal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.8.2018/MN/-