Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29969 of 2018 Applicant :- Kallu Alias Parmeshwar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Datta Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that from the first information report it is clear that the deceased was residing at her parents' house, where she committed suicide by jumping in a pond. Allegation has been made that on account of demand of dowry she was residing at her parents' house and committed suicide. The allegation under Section 304-B and 498-A have been levelled only to lend colour the case. The fact is that the victim was a person of unstable temper. Earlier she tried to commit suicide by jumping in the well. The applicant is in jail since15.02.2018 On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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 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 Kallu alias Parmeshwar Yadav involved in Case Crime No.096 of 2017, under Sections 498A, 304B IPC and under Section 3/4 D.P.Act, Police Station Kotwali Hata, District- Kushinagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 22.8.2019 SS