Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23332 of 2019 Applicant :- Kuldeep Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey,Avnish Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Avnish Kumar Srivastava, learned counsel for the applicant, Sri Prashant Kumar, 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 applicant – Kuldeep Kumar with a prayer to enlarge him on bail in Case Crime No.341 of 2018, under Section 306 I.P.C., Police Station Nai Mandi, District Muzaffar Nagar.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that as per version of FIR the marriage of the applicant and deceased was solemnized ten years ago. The applicant, his brother and mother used to harass the deceased for non-fulfilment of dowry. It has been alleged that the applicant was a habitual drinker and used to torture and harass the deceased after consuming liquor. On 16.04.2018 about 7.00 a.m. the deceased made a call on mobile number of wife of the informant stating that applicant as well as his brother and his mother were continuously torturing her and she was fed up of her life after which the phone was disconnected. On 17.04.2018 having knowledge from the Inspector about the death of his daughter, the present FIR has been lodged. It is argued that there is nothing to show that the applicant had instigated or abetted the deceased to commit suicide. Learned counsel has also pressed this bail application on the ground of long detention as the applicant is languishing in jail since 02.05.2018. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant 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 applicant involved in aforesaid case crime be released on bail on his 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 applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his 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./-