Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25978 of 2021 Applicant :- Manoj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Supplementary Affidavit filed today is taken on record.
Heard Sri Narendra Kumar Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.358 of 2020, under Sections 498A, 304B, 354 I.P.C., Police Station Mauranipur, District Jhansi during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R. lodged by the father of the deceased all the accused persons including the applicant, who is husband of the deceased have demanded Rs.05 lacs as dowry and on account of non-fulfillment of demand of dowry they have tortured his daughter due to which she had committed suicide by consuming poison. The record reflects that the marriage of the applicant and the deceased was solemnized within 07 years. The cause of death as per postmortem report is uncertain as the viscera was preserved but the report is still awaited, inspite of that the charge-sheet under Section 498A, 304B & 354 IPC has been filed and the trial has already been commenced. It is next contended that before the trial P.W.1, informant (father of the deceased) and P.W.2 (mother of the deceased) have turned hostile as both of them have failed to support the prosecution version. It is also contended that 16 more formal witness are yet to be examined and the trial will take time. Lastly it is contended that the applicant is in jail since 21.08.2020 having criminal history of one case, which has already been disposed of on the basis of compromise as stated in paragraph no.03 of the supplementary affidavit today and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Manoj Kumar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 S.P.