Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20618 of 2020 Applicant :- Harishchandra Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kumar Shukla,Praveen Kumar Srivastava,Vindeshwari Prasad Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
On oral prayer, learned counsel for the applicant is permitted to correct the prayer clause of the application during course of the day.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is father in law of deceased. He is innocent and has been falsely implicated in the present case. Applicant has no concern with the present matter. He has not committed the present offence. Neither he made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. He has been roped in the matter only being the family member of husband of deceased. Deceased consumed poisonous substance herself for the reasons best known to her. General allegations have been made in the matter. The applicant has no criminal history. He is languishing in jail since 28.12.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Harishchandra involved in Case Crime No.264 of 2019, under Sections 498-A, 304-B, 201 IPC and 3/4 D.P. Act, P.S. Kadar Chowk, District - Budaun be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.4.2021 safi