Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23144 of 2019
Applicant :- Jaiprakash Yadav
Opposite Party :- State Of U.P.
Counsel for Applicant :- Diwan Saifullah Khan
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Akhilendra Yadav, holding brief of Sri Diwan Saifullah Khan, learned counsel for the applicant, Sri Shoiab Khan, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Jaiprakash Yadav with a prayer to enlarge him on bail in Case Crime No.75 of 2019, under Sections 306, 498-A I.P.C, Police Station Mirzamurad, District Varanasi.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that the marriage of the applicant with the deceased took place nearly 18 years ago and they were blessed with two children. Initially the FIR was lodged under Sections 498- A, 304-B I.P.C. and 3/4 of D.P. Act regarding harassment of the deceased for non-fulfilment of dowry in which as many as 12 persons, i.e. entire family and relatives have been falsely implicated. Subsequently, after investigation Sections 304-B I.P.C. and Section 3/4 of D.P. Act were deleted and charge sheet has only been submitted under Sections 498-A and 306 I.P.C. There is no evidence to show that the applicant, who is husband of the deceased, has abetted her to commit suicide. It is next argued that there was a dispute between the two with respect to some property which came in the share of the applicant's brother and annoyed by this she herself has committed suicide. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 15.04.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 3.6.2019 Anand Sri./-