Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14074 of 2013 Applicant :- Manik Chand And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- K.S. Chahar,S.N. Tiwari Counsel for Opposite Party :- Govt. Advocate,Brij Bhushan Upadhyay
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of applicants. Learned A.G.A. is present for State. However, I myself have perused the record.
2. The present bail application has been moved by accused-applicants for enlarging them on bail in Case Crime No. 149 of 2013, under Sections 498A, 304B I.P.C. and Sections 3/4 Dowry Prohibition Act, 1961, Police Station Sadar, District Agra.
3. It is stated in the affidavit of accompanying bail application that neither before marriage nor after marriage applicants have made demand of dowry. Allegations are false and baseless. There was no specific role assigned to applicants and no motive or intention has been shown to commit the offence. Applicants have no criminal history and they have been falsely implicated in the present case. There are no chances of applicants of fleeing away from judicial process or tampering with prosecution evidence. They undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicants are in jail since 04.03.2013 and in case they are enlarged on bail, they will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicants on bail.
6. The application is allowed.
7. Let applicants, Manik Chand and Smt. Bhudevi, involved in Case Crime No.
149 of 2013, under Sections 498A, 304B I.P.C. and Sections 3/4 Dowry Prohibition Act, 1961, Police Station Sadar, District Agra be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicants will not temper with the evidence during trial.
(ii) The applicants will not pressurize/intimidate the prosecution witness.
(iii) The applicants will appear before Trial Court on the date fixed.
(iv) The applicants shall report to the Police Station concerned in the first week of each month to show their good conduct and behaviour.
8. In case of breach of any of above conditions by applicants, the Court below shall be at liberty to cancel their bail.
9. It is made clear that since this application was filed in 2013 and has been listed before this Court in 2019 and none is able to give any information about present status, it is provided that in case trial has already concluded or there is any other happening on account whereof this application has rendered infructuous, it is made clear that in such case, this order shall not have legal consequence and this application shall be deemed to have been rejected.
Order Date :- 29.1.2019 Siddhant Sahu