Applicant- Sukhvir seeks bail in Case Crime No. 189 of 2009 under Sections 147,323,504,506,307,498-A IPC read with Section 3/4 Dowry Prohibition Act, Police Station Kakod District Gautam Budh Nagar.
Heard Sri Nishant Mehrotra and Sri Pranjal Mehrotra, learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is an unfortunate father-in-law of the victim/deceased Vimlesh and the allegation against him and other co-accused persons are as usual demand of a car and additional dowry. He has further submitted that the applicant has got no concern with the alleged demand of dowry or any consequential harassment. From any stretch of imagination, she would not have been the beneficiary of the alleged dowry. He further submitted that under the similar set of circumstances, co-accused Premvati, mother-in-law and Darshan Singh, the husband of the victim have been granted bail by the learned Sessions Judge. He further contends that the case of the applicant stands on the better footing. He next argued that all the injuries sustained by the victim were simple in nature except injury no.1 which was kept under observation and the X- ray was advised but there has been no X-ray examination. He also pointed out that the applicant has been released on bail in Case Crime No.168 of 2009, under Sections 498-A/304-B IPC read with Section 3/4 Dowry Prohibition Act by another Bench of this Court on 12.11.2009 in Criminal Misc. Bail Application No.30778 of 2009 relying upon the statement of the informant Dharm Pal Singh recorded under Section 164 Cr.P.C. . The case of the applicant is distinguishable from the case of other co-accused-persons. The applicant is in jail since 11.7.2009 and having no criminal history to his credit, he deserves to be released on bail.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant- Sukhvir involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 22.1.2010 Mt/