Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22731 of 2019 Applicant :- Manish Alias Kalu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Bratendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against six accused persons namely, Jitendra Singh, Smt. Satto Devi, Manish @ Kalu (devar), Geeta, Dhanveer Singh Sisaudiya and Akhai Singh alleging that the marriage of deceased Priti Singh was solemnized with Jitendra @ Figher on 12.6.2015, they demanded dowry as motorcycle and one lac from the deceased for which the deceased was being tortured by them and on 4.1.2019 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem hanging and hyoid bone was found intact.
It is submitted by learned counsel for the applicants that applicant no. is brother-in-law (devar) of deceased and applicant no. 2 is mother-in-law of deceased. The applicants are innocent and have been falsely implicated in the present case. There is general allegations against the applicants. There is no independent witness and no legal evidence against the applicants. Offences levelled against the applicants are not attracted in the present matter. They have no concern with the demand of dowry and they are not beneficiary of the same. Applicants have no concern with deceased and her husband. They are living separately. Deceased has committed suicide herself. Applicant no. 1 is languishing in jail since 13.1.2019 (more than four and half months) and applicant no. 2 is languishing in jail since 26.2.2019 (more than three months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Manish Alias Kalu and Satto Devi involved in Case Crime No. 12 of 2019, under Sections 498- A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Sadabad, District Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2019 A. Singh