Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19299 of 2018 Applicant :- Nanhey Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Supplementary affidavit has been filed on behalf of the applicant today in Court, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
Submission of learned counsel for the applicant is that the applicant is the father-in-law of the deceased and his wife had died long back. Further submission is that the applicant was not present at the time of occurrence in the house when the deceased died. After the death of the deceased he started living separately from the deceased and had nothing to do with her affairs or matrimonial discord that might have existed in between the husband and wife deceased. Further submission is that the post mortem report does not indicate any other injuries except burn injuries. Submission is that by virtue of his relationship his case stands distinguishable from the case of the husband who may be said to be the principal offender in the case being the first person responsible to ensure the safety and security of his wife and he is also having the principal onus to explain the unnatural death of the deceased taking place in abnormal circumstances. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 10.3.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Nanhey Lal, involved in Case Crime No. 544 of 2017, (S.T. No. 326 of 2018), u/ss 498A and 304B IPC and Section 3/4 of Dowry Prohibition Act, P.S. Bhamaura, District- Bareilly be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 28.5.2018 CPP/-