Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23337 of 2019 Applicant :- Kanti And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pradeep Chauhan, learned counsel for the applicants, Sri Amit Singh Chauhan, 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 applicants – Kanti and Kunti with a prayer to enlarge them on bail in Case Crime No.19 of 2019, under Section 306 I.P.C., Police Station Sadat, District Ghazipur.
It is argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case due to ulterior motive. It is argued that the applicants are Jethanis (sister-in-law) of the deceased. Earlier FIR was lodged under Sections 302, 498-A I.P.C., but later Section 302 I.P.C. was converted into Section 306 I.P.C. There are general allegations against the applicants regarding harassment of the deceased for non-fulfilment of dowry. It is argued that the husband of the deceased works in Mumbai and she wanted to stay with him at Mumbai, but her husband was not ready, due to which she was under depression and she has committed suicide. It is next argued that the applicants have been falsely implicated in this case due to a petty dispute between the ladies regarding making of tea and deceased committed suicide. There is nothing to show that the applicants have instigated her to commit suicide. It is next contended that the applicants have no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, they shall not misuse the liberty of bail and the applicant are languishing in jail since 07.05.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicants 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 applicants involved in aforesaid case crime be released on bail on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 4.6.2019 Anand Sri./-