Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8153 of 2019 Applicant :- Kunwarsen Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated for dowry death with general allegations being father-in-law of the deceased; that no specific role has been assigned to the applicant regarding demand of dowry or treating the deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that the applicant may not be the beneficiary of motorcycle allegedly demanded, as dowry; that the applicant was living separately; that the case of the applicant is distinguishable with husband of the deceased; that co-accused Smt. Anita, mother-in-law of deceased, has been granted bail by another Bench of this Court vide order dated 13.2.2019 passed in Criminal Misc. Bail Application No. 2333 of 2019, copy of which has been produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 16.9.2018.
Learned A.G.A. vehemently opposed the prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused 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.
Let the applicant Kunwarsen be released on bail in Case Crime No. 408 of 2018, under Sections 498-A, 304-B, 201, I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S.
Devraniya, District Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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 :- 26.2.2019 T. Sinha