Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46862 of 2020 Applicant :- Mukesh Opposite Party :- State of U.P.
Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- G.A.,Ravi Shankar Tripathi
Hon'ble Om Prakash-VII,J.
Exemption application is allowed.
Learned counsel for the applicant is directed to remove the defects reported by the office within a month.
Heard Sri Vipin Singh, holding brief of Sri R.P.S. Chauhan, learned counsel for the applicant, learned A.G.A for the State as well as Sri Ravi Shankar Tripathi, learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicant that the applicant is the father-in-law of the deceased. He has no concern with the present matter. Deceased committed suicide herself. Immediately she was taken to the hospital by the applicant and his family members, but she died on the way. This fact itself shows the bonafide of the applicant. Had he been involved in committing the present offence, he would not have taken the deceased to the hospital. Looking to the contents of the F.I.R., it is further submitted that there is general allegation in it. Applicant has been implicated in this matter being the family member of husband of the deceased. It is further submitted that if entire prosecution case is taken into consideration, then also husband of the deceased may be held responsible for the aforesaid offence. Applicant is languishing in jail since 22.7.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as learned counsel for the informant opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mukesh involved in Case Crime No.119 of 2020 under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Zarifnagar, District Budaun be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 6.1.2021 ss