Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25693 of 2021 Applicant :- Harvinder Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 580 of 2019, under Sections 498-A, 304-B and 120-B I.P.C. and Section 3/4 D.P. Act, P.S. Pooranpur, District- Pilibhit and is in jail since 02.08.2020, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by complainant Sukhbinder Kaur about the death her daughter Kirandeep Kaur, who was married with Harpreet Singh, brother of the applicant six years ago according to the Sikh Custom and Tradition. After marriage brother of the applicant committed marpeet with the deceased. It was alleged in the F.I.R. that on 15.11.2019 in non presence of husband of the daughter of the complainant, the applicant along with other family members have killed her daughter.
Ld counsel submits that The applicant is brother-in-law (Dewar) of the deceased. In the F.I.R. general allegations have been made against all the accused persons; in the post mortem report, no injury was found on the person of the deceased. Deceased committed suicide by consuming poison due to harassment committed by her husband. The applicant has no role in harassing her and demanding dowry.
He lastly submitted that the applicant, who is in jail since02.08.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Harvinder Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 30.7.2021 Asha