Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32732 of 2021 Applicant :- Hansram Opposite Party :- State of U.P. Counsel for Applicant :- Ram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 17/2021, under Sections 498A, 304B, 316 IPC and Section 3/4 D.P. Act, police station Kurhfatehgarh, District Sambhal with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is father-in-law of deceased and he has not committed any offence. It was submitted that the marriage of deceased with son of applicant was solemnized about 11 months prior to the incident and during that period of 11 months, no complaint was made against applicant regarding dowry demand and harassment of deceased. It was further submitted that only general allegations of dowry demand and harassment have been levelled against the applicant and co- accused persons and that no specific role has been assigned to the applicant. It was also submitted that as per prosecution version since last 15 days prior to the incident, deceased was living at her parental home. Learned counsel has referred the statement of doctor Monika Agarwal, recorded during investigation, who in her statement has stated that deceased was admitted in her hospital on 01.02.2021 and after her condition improved, she was discharged on 03.02.2021, whereas the alleged incident took place on 18.02.2021. Learned counsel has submitted that similarly placed co-accused Sher Singh, who is brother-in-law (Jeth) of deceased has already been enlarged on bail by coordinate Bench of this Court, copy of which has been produced and the same is taken on record. Learned counsel has submitted that the cause of death of deceased is stated haematogenous shock as a result of ante-mortem injuries of internal organs. It has further been argued that the applicant is in judicial custody since 05.06.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Hansram involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 17.9.2021 Anand