Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51617 of 2019 Applicant :- Manoj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Vakalatnama has been filed by learned counsel for the complainant and the same is taken on record.
Heard Sri Ajay Kumar Dwivedi, learned counsel for the applicant, Sri Sanjay Kumar Jain, learned counsel for the complainant and Sri S.S. Sachan, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 305 of 2019 under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, P.S. Shikohabad, District Firozabad.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; applicant is husband of the deceased; father-in-law and mother-in-law of the deceased i.e. Ram Nath and Guddi Devi have been granted bail by Coordinate Bench of this Court in Criminal Misc. Bail Application No. 44377 of 2019 and Criminal Misc. Bail Application No. 40266 of 2019 on 23.10.2019 and 27.09.2019. It is further argued that in post- mortem report, the cause of death is recorded as death due to shock as a result of cardiac arrest due to multiple organ failure. Attention of this Court is also drawn towards page no. 23 of the paper book which shows that she was taken to the hospital for being treated. Her due date for delivery of child was 29.04.2019 while she died on 17.04.2019; accused applicant has been falsely implicated in this case as false allegation of demand of Rs. 1,00,000/- and motor-cycle has been made as no such demand was ever made. He himself had taken the victim to the hospital for getting admitted for treatment but she died during pregnancy; the accused has no criminal history; the accused applicant is in jail since 12.07.2019; if the accused is released on bail, he will not misuse the liberty of bail.
Learned counsel for the complainant and learned A.G.A. have opposed the bail and stated that the victim was cruelly treated by the applicant; she was not being given adequate food as a result of which, her haemoglobin level was found to be low. He has stated that applicant has not annexed statement of doctor who has stated that the victim was not given food because of which she died.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 A. Mandhani