Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7451 of 2018 Applicant :- Guddu Opposite Party :- State Of U.P.
Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application filed on behalf of Guddu in connection with case crime No.974 of 2017, under Sections 498A, 304B I.P.C. and 3/4 of D.P. Act, P.S. Trilokpur, District Siddharth Nagar.
Heard Sri Shahroze Khan, learned counsel appearing for the applicant and Sri S.A.S. Abidi along with Sri Vivek Dubey, learned AGA appearing for the State.
The submission of the learned counsel for the applicant is that there are general allegations against the entire family members as asserted in paragraph no.33 of the affidavit in support of the bail application; that the applicant on one hand and the deceased and her husband on the other had a separate household where they were living; that the applicant is the father-in-law against whom there are no specific allegations; that it is an accident by electrocution as the deceased was brooming the floor and came in contact with a electricity wire that had breach of insulation and caught fire in which the deceased received burn injuries, assertions to which effect are made in paragraph nos. 19 and 24 of the affidavit in support of the bail application; and, that on identical allegations the mother-in-law has been admitted to the concession of bail by this Court vide order dated 06.02.2018, passed in Criminal Misc. Bail Application No.4364 of 2018.
Learned AGA has opposed the plea for bail. He submits that it is a case of unnatural death of a bride within seven years of marriage in her matrimonial home and there are allegations of an antecedent dowry demand; and, as such the applicant is not entitled to bail. In addition, he submits that in the post-mortem report, there is no indication of electrocution and the doctor has opined the cause of death to be ante-mortem burn injuries. However, learned AGA does not dispute the fact that the allegations are general in nature as also the factum of parity.
Considering the aforesaid facts and circumstances, the gravity of the offence, the nature of allegations, the relationship of the applicant to the deceased, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Guddu involved in Case Crime No.974 of 2017 under Section 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, 1961, PS Trilokpur, District Siddharth Nagar be released on bail on executing a personal bond and furnishing two-two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.2.2018 Shahroz