Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8033 of 2019 Applicant :- Mohit Sahu Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for causing dowry death of Smt. Geetanjali Sahu being Jeth of deceased; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that as per averments made in F.I.R. marriage of Geetanjali Sahu was solemnized with Vikas Sahu about 8 months ago and she was beaten by her husband and in-laws for non-fulfilment of demand of dowry apart from which her husband used to beat her daily under intoxication and on 15.11.2018 she was hanged to death; that as per post-mortem report of deceased her death was caused due to asphyxia as a result of ante-mortem hanging; that applicant was living separately though he was running a shop situated in outer portion of house; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that from averments made in F.I.R. it appears that husband of deceased was addict of liquor and under intoxication used to beat her and due to dispute between husband and wife, she appears to have committed suicide; that case of applicant is distinguishable from husband of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 17.11.2018.
Learned A.G.A. vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Mohit Sahu be released on bail in Case Crime No.701 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, P.S. Kotwali, District Jhansi, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.2.2019 Kpy