Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45702 of 2021 Applicant :- Harischand Opposite Party :- State of U.P.
Counsel for Applicant :- Vaibhav Goswami Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.37 of 2021, under Sections 498-A, 304-B, 316 I.P.C. & 3/4 D.P. Act, Police Station Pahadi, District Chitrakoot, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) Applicant is dewar of deceased, he has no concern with the present crime and applicant is not the beneficiary of any dowry. There is general allegation against all the accused persons. Victim died due to burning and it is an accidental case. He did not demand any dowry nor tortured the victim. Although the victim died within seven years of her marriage. Applicant was living at Mumbai and at the time of incident, applicant was not present there.
(iii) Co-accused Shiv Naresh (father-in-law) has already been granted bail on 09.08.2021 by a co- ordinate Bench of this Court in Criminal Misc. Bail Application No. 27595 of 2021.
(iv) Applicant is in jail since 02.04.2021 without any credible evidence and having no criminal history.
(v) There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he will continue present before the Court till disposal of the trial. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that victim was demanded dowry by the applicant and other co-accused persons, therefore, she was subjected to cruelty in demand of dowry soon before her death. Being aggrieved with the tortured of accused she committed suicide. Allegation of demand of dowry was levelled against all the accused persons.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, relation of applicant with deceased, allegation levelled against the applicant, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Harischand be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 24.12.2021 I.A.Siddiqui