Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10692 of 2015 Applicant :- Gopal @ Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- J.P.S. Jadaun,Anil Pratap Singh Raghav Counsel for Opposite Party :- Govt. Advocate,Satendra Kumar Upadhyay
Hon'ble Pradeep Kumar Singh Baghel,J.
This is the second bail application of the applicant- Gopal @ Ravi, who is husband of the deceased, seeking bail in Case Crime No. 2 of 2010, under Sections 498A, 304B, 316 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Khair, District Aligarh.
The only contention raised by learned counsel for the applicant is that the applicant is in jail for the last more than 8 years, whereas minimum sentence prescribed is 7 years. He has taken the Court to the first information report and various other documents to demonstrate that the applicant has been falsely implicated in the murder. He has placed reliance on a judgment of the Supreme Court in the case of Hari Om v. State of Haryana and another, (2014) 10 SCC 577, wherein the Court has held that minimum sentence in the matter of dowry death, if circumstances permit, can be awarded 7 years. He has also placed reliance on a judgment of a Division Bench of this Court dated 13th October, 2017 passed in Criminal Appeal No. 2263 of 1997 (Badam Singh v. State of U.P.).
I have heard learned counsel for the applicant and learned A.G.A. and perused the record. Counter affidavit filed today by learned A.G.A. is taken on record.
Having regard to the facts of this case, I am of the view that the applicant is entitled for bail on this ground alone.
Let the applicant- Gopal @ Ravi involved in Case Crime No. 2 of 2010, under Sections 498A, 304B, 316 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Khair, District Aligarh be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, on the following conditions:
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the Court and will cooperate in the trial and will not seek any unnecessary adjournment. His personal presence shall not be exempted unless the Court itself deems it fit to do so in the interest of justice.
Learned counsel for the applicant has assured the Court that the applicant will not seek any unnecessary adjournment and will not try to tamper any evidence.
Learned A.G.A. is granted liberty to file recall application for recall of this order in case there is any breach of assurance/conditions mentioned above.
Accordingly, the bail application is allowed.
Order Date :- 30.3.2018 SKT/-