Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11255 of 2018 Applicant :- Manoj Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Kamlendra Kumar Maurya has put in appearance on behalf of the complainant is taken on record.
Heard Sri Madan Singh, learned counsel for the applicant, Sri Kamlendra Kumar Maurya, learned counsel for the complainant and Sri Indrajeet Singh, learned AGA for the State.
This is an application for bail on behalf of Manoj in Case Crime No. 12 of 2018, under Sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act, 1961, Police Station Anuj, District Bhadohi/Gyanpur.
The submission of the learned counsel for the applicant is that the applicant is the father-in-law (Jeth); that there are general allegation with no specific role being assigned to the applicant; that the applicant lives separately of the deceased and her husband along with his wife and daughter as said in paragraph 16 of the affidavit; that the deceased committed suicide on account of the factors mentioned in paragraph 17 of the affidavit; that the husband is in jail, a fact asserted by learned counsel for the applicant at the Bar and admitted to the learned counsel for the complainant and that the applicant who is otherwise a respectable man with no criminal history is in jail since 03.02.2018.
Learned AGA has opposed the plea for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. However, learned AGA does not dispute the fact that allegations are general in nature and the applicant is a brother-in-law (Jeth).
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the severity of the punishment, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Manoj involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.3.2018 Imroz