Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56391 of 2019 Applicant :- Jayveer Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today. Taken on record.
2. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant; Sri K.D. Awasthi, learned counsel for the informant as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Jayveer with a prayer to release him on bail in Case Crime No. - 13 of 2019, under Sections - 498- A, 323, 313, 379, 506 I.P.C., Police Station - Mahila Thana, District - Auraiya, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of cruelty, demand of dowry and other offences, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 11.02.2019, the applicant is in confinement since 15.10.2019;
(iii) the applicant claims to have cooperated in the investigation, it appears that the applicant has avoided arrest for almost 8 months;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the marriage between the parties is void inasmuch as undisputedly, the informant was married from before. It is thus submitted that upon gaining knowledge of such fact, the applicant and the victim have parted ways giving rise to the present allegations;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
8. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material, that application if filed, may be taken up on priority.
Order Date :- 18.12.2019 Abhilash