Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23042 of 2019 Applicant :- Gopal @ Kulbhushan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Akhilesh Srivastava and Sri Saksham Srivastava, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against five accused persons namely, Gayatri, Kuldeep, Dilip, Gopal, Bharti and one unknown person alleging that the marriage of deceased Manorama was solemnized with Kuldeep on 29.4.2018, they demanded dowry as one creta car and one plot from the deceased for which the deceased was being tortured by them and on 16.2.2019 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem hanging and hyoid bone was found intact.
It is submitted by learned counsel for the applicant that applicant is brother-in-law (devar) of deceased. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. He has no concern with the demand of dowry and he is not beneficiary of the same. Applicant has no concern with deceased and her husband. He is living separately. Deceased has committed suicide herself. He is languishing in jail since 18.2.2019 (near about two and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Gopal @ Kulbhushan involved in Case Crime No. 63 of 2019, under Sections 498-A, 304-B, 323 IPC and Section 3/4 Dowry Prohibition Act, P.S. Sasnigate, District Aligarh be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2019 A. Singh