Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11017 of 2018 Applicant :- Mahaveer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Yadav,Shiv Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Mahaveer Singh in connection with Case Crime No. 127 of 2009 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Vidhuna, District Auraiya.
Heard Sri Ramesh Chandra Yadav, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the maternal-uncle (Mama) of the deceased's husband; that there are general allegations; that the applicant lives not only away from the deceased and her husband but lives in another village located 100 Kms. away as said in paragraph no. 9 of the affidavit; that the applicant was not chargesheeted but have been summoned to stand his trial by the trial court passed under Section 319 Cr.P.C.; that it is submitted that death is due to an accident by fire while cooking as said in paragraph nos. 11 and 16 of the affidavit; that the cause of death is extensive burn injuries; that the husband and mother-in-law have been admitted to the concession of bail by this Court vide orders dated 03.05.2013 passed in Criminal Misc. Bail Application No. 3022 of 2011 and 27.05.2010 passed in Criminal Misc. Bail Application No. 12651 of 2010, therefore, the applicant is entitled to bail on ground of parity; and, that the applicant is a respectable man with no criminal history who is in jail since 27.02.2018.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. As such, the applicant is not entitled to bail. However, learned AGA does not dispute the fact that there are general allegations and the fact that there is a case of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Mahaveer Singh involved in Case Crime No. 127 of 2009 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Vidhuna, District Auraiya be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.3.2018 Deepak