Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53692 of 2021 Applicant :- Manjesh Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Nd Another Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.292 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Surajpur, District Gautam Budh Nagar, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent Dewar of deceased and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.
(ii) Although, the applicant is named in F.I.R. but he has no concern with the present case. The marriage of deceased and co-accused Brijesh Yadav was solemnized on 15.05.2015 according to Hindu rites. There is no specific allegation against the applicant.
(iii) The appellant did not demand any dowry from the deceased or her family members. He is not the beneficiary of any demand of dowry. There is general allegation against the appellant.
(iv) The victim was living separately with her husband in NOIDA whereas applicant is living in District Hardoi. As per post mortem report, cause of death of deceased is asphyxia as a result of anti-mortem hanging.
(v) Co-accused Anande, who is father-in-law of deceased, has already been granted bail by co- ordinate Bench of this Court vide order dated 16.11.2021 in Criminal Misc. Bail Application No.34253 of 2021 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity.
(vi) Applicant is in jail since 09.06.2021 having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, role of applicant, relation of applicant with deceased, manner in which the incident has taken place, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Manjesh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 Manoj Digitally signed by RAJENDRA KUMAR Date: 2021.12.22 10:29:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad