Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8054 of 2019 Applicant :- Gulsharan Opposite Party :- State Of U.P.
Counsel for Applicant :- Faizul Hasan,Mahboob Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death of Smt. Pooja Devi being father-in-law of deceased; that as per averments made in F.I.R. marriage of Pooja was solemnized with Santosh Kumar on 22.5.2016 and she was being treated with cruelty for non- fulfilment of demand of Rs.1,00,000/-, Cooler and Refrigerator as dowry and on 29.8.2018 at about 7:30 p.m. she was put to fire after poring kerosene by her mother-in-law, husband, Devar and younger Nanad as per instructions given by applicant on phone; that undisputedly applicant was living at Mumbai and it is absolutely wrong to say that he called any of co-accused to pour kerosene on Smt. Pooja and cause her death by causing burn injuries; that applicant was living separately at Mumbai; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that case of applicant is distinguishable with husband of deceased; that co-accused Tara Devi (mother-in-law) has been granted bail by another Bench of this Court vide order dated 21.2.2019 passed in Criminal Misc. Bail Application No.49600 of 2018, copy produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 21.11.2018.
Learned A.G.A. vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Gul Sharan be released on bail in Case Crime No.353 of 2018, under Sections 498-A, 304-B, 120-B I.P.C. and Section 3/4 D.P. Act, P.S. Sarai Lakhanisi, District Mau, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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 he 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 :- 25.2.2019 Kpy