Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14840 of 2018 Applicant :- Krishna Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Virendra Singh Parmar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.243 of 2017, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Muskara, District Hamirpur, with the prayer to release him on bail.
Learned counsel for the applicant submitted that the applicant is the husband of the deceased and he has been falsely implicated in the present case by the first informant. In fact, the allegation of demand of Rs.50,000/- and a Buffalo is absolutely false and concocted. It is argued that as per the prosecution case, the applicant is working at different places and used to leave his wife back at home with his parents. It is contended that the deceased wanted to go along with the applicant to his place of work and on being refused, the deceased committed suicide by setting herself on fire. The family members of the applicant immediately rushed her to the Hospital however, she died on the way. The information was given by the Word-boy of the Hospital of which inquest report was conducted on 22.8.2017. It is stated that in the inquest, family members of the deceased had also participated. The first information report however, lodged on 16.9.2017 by the first informant and no plausible and reasonable explanation is forthcoming for the delay in lodging the report. Lastly, it is submitted that the applicant is languishing in jail since 9.10.2017.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Krishna Kumar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 23.4.2018 Hasnain