Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28562 of 2017 Applicant :- Naresh @ Durgesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Saurabh Yadav,Abhijit Kumar,Ram Bilas Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Rohit Kumar Pandey, learned counsel for the applicant, Sri P.K. Srivastava, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against seven accused persons namely, Naresh, Syoraj, Avadhesh, Kale, Sampriya, Gudiniya, Meghraj alleging that the marriage of victim was solemnized with Naresh before six years, they demanded Rs. 50,000/- and one motorcycle as dowry from the victim for which the victim was being tortured and beaten by them and they pushed her face into fire. She received burn injuries on her face and leg.
It is submitted by learned counsel for the applicant that applicant is the husband of the victim. The applicant is innocent and has been falsely implicated in the present case. According to F.I.R., victim was admitted in the hospital for treatment by husband. According to statement of victim, there is general allegations against the all accused persons. No specific role was assigned against any accused. Offences levelled against the applicant are not attracted in the present matter. No previous complaint was made by the victim against the applicant. There is no possibility to get this case decided in short period in future. Co-accused Syora and Meghraj have already been granted bail by trial court. He is languishing in jail since 13.6.2017 (near about one year and three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Naresh @ Durgesh involved in Case Crime No. 151 of 2017, under Sections 498-A, 307, 323 IPC and Section 3/4 Dowry Prohibition Act, P.S. Rajpura, District Sambhal be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 12.9.2018 A. Singh