Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19155 of 2018 Applicant :- Manish Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Sahai,Zia Naz Zaidi Counsel for Opposite Party :- G.A.,Dhiresh Tiwari,Dinesh Tiwari
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed on behalf of the applicant today, is taken on record.
Heard Ms. Zia Naz Zaidi, learned counsel for the applicant assisted by Sri Brijesh Sahai, Advocate and learned AGA and perused the record.
The FIR came into existence after four days i.e. on 13.07.2017 at 16.05 hours of the incident registered by Sangam Lal Patel, father of the deceased against six named persons, including the applicant with the allegations of maltreatment and harassment of the victim on account of additional demand of dowry. Text of the FIR reveals that within seven year of the marriage of the victim with the applicant, when the victim was on her family way for the second time, all the family members used her to assault by kicks and fists and on 09.07.2017 she was done to death and her last rights were performed clandestinely. However, the police dropped the names of Nand, Jethani and Jeth of the victim and submitted charge sheet against the present applicant along with Kallu alias Lakh Narayan Patel and Smt. Parvati (father-in-law and mother-in-law of the deceased respectively).
Contention raised at the Bar is that the applicant has been falsely implicated in the present case. It has been further submitted that the applicant is the husband of the deceased. The marriage of the applicant with the victim was solemnized on 1st May, 2013. The incident occurred on 09.07.2017 on an unspecified time. It is further contended by the learned counsel for the applicant attracted the attention of the Court to annexure no. 6, whereby documents are annexed, mentioning therein that the victim was carrying an advanced pregnancy of eight months and her expected date of delivery of a baby (E.D.D) as per opinion of the doctor was around 8th of July, 2017. But all of a sudden she developed acute labour pain in her abdominal region, therefore, the applicant immediately consulted at Community Heath Centre, Meja, Allahabad, wherefrom after initial treatment to the victim, she was referred to District Women Hospital, Allahabad and en route to the aforesaid Hospital she collapsed on account of the advanced pregnancy complications. Her last rites were performed with the consultation of the family members of the victim on the same day according to the Hindu rites. But after four days of the aforesaid mishap, a story of dowry demand was tailored with ulterior motive and the instant FIR came into existence. To prove the presence of the victim's presence at the time of the last rites of the deceased, supplementary affidavit has also been filed, annexing therewith the photographs of the family members of the victim, who were present at the time of performance of last rites of the deceased at page nos. 5 to 8. It has lasted been urged that the applicant is suffering incarceration in jail since 19.12.2017, without any criminal antecedent.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
There does not appear to be any reasonable ground to disbelieve the submission of the learned counsel for the applicant nor any reason to understand that the witnesses would be tempered or the applicant would be tempered or he himself would abscond, if released on bail.
Let the applicant Manish Kumar, involved in Case Crime No. 212 of 2017, under sections 498-A, 304- B, 201 IPC and 3/4 of the Dowry Prohibition Act, P.S. Manda, District Allahabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not commit an offence similar to the offence of which he is accused;
(c) 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 him 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 three conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.7.2018 shailesh