Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37673 of 2016 Applicant :- Kuldeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Amit Kumar Srivisatava holding brief of Sri Gaurav Kakkar, for the applicant and Additional Government Advocate for the State.
The applicant is in jail since 6.4.2016 in connection with Case Crime No.410 of 2016 under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, P.S. Loni Border, district Ghaziabad.
F.I.R. of the incident was lodged by Rajesh Kumar brother of the deceased. According to the F.I.R. deceased Bindu was married to the applicant on 13.11.2011. The applicant used to demand Rs.20000/- as dowry from Bindu due to which he used to torture her. The deceased had made several complaints to him in this regard. The applicant used to drinking liqour and was not doing any work. In the night of 28.5.2016 the applicant Kuldeep throttled her and thereafter hanged her from the fan. Post mortem of the deceased was conducted on 30.6.2015 in which apart from ligature mark of 25 cm x 5 cm no other body injury was found on the body of the deceased.
The counsel for the applicant submits that about four and a half years of marriage had expired on the date of incident but no complaint regarding demand of dowry was ever made. Apart from ligature mark, no other injury was found on the body of the deceased as such story of throttling is not possible. Although after four and a half years of marriage she could not conceive, due to which she was living under constant mental agony which might have prompted her to commit suicide.
A.G.A. has opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail inasmuch as the applicant has been granted bail in the main case also. The application is allowed.
Let the applicant Kuldeep, accused in Case Crime No.410 of 2016 under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, P.S. Loni Border, district Ghaziabad, be enlarged on bail upon furnishing a personal bond and two sureties, each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.4.2018 mt