Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Kishan Kumar [email protected], who is involved in case crime no. 984 of 2019 under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station- Kalyanpur, District- Kanpur Nagar.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case being Jeth of deceased; that the applicant has no concern with the present matter; that he has not committed the present offence; that neither the applicant made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him; that the applicant has been roped in the matter only being the family member of husband of deceased; that cause of death is throttling; that general allegations have been made in the matter; that the case of the applicant is distinguishable to other co-accused. It is lastly contended that the accused applicant is languishing in jail since 7.2.2020 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 17.2.2021 Fhd.