Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23767 of 2019 Applicant :- Naresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Vakalatnama filed today by Sri Vikrant Gupta & Sri Shodan Singh, Advocates, on behalf of first informant is taken on record.
Heard Sri Kamlesh Shukla and Sri Prashant Shukla, learned counsels for the applicant, Sri Vikrant Gupta, learned counsel appearing on behalf of the first informant and learned Additional Government Advocate and perused the record.
By means of this application, the applicant who is involved in Case Crime No.25 of 2019, under Sections 498A, 304B I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Haldaur, District Bijnor, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that applicant is father-in-law of the deceased Neha Devi. Though the marriage of the deceased Neha Devi was solemnized with Hem Chand (son of the applicant) in the year 2017 but the applicant and his son Hem Chand both are living separately. The deceased was living separately from the applicant alongwith her husband Hem Chand and as such the applicant had no concerned with the matrimonial affair between the deceased and his son Hem Chand. Aforesaid fact of living separately is also clear from the site plan prepared by the investigating officer. It has also been pointed out that in the postmortem report of the deceased, cause of death has been mentioned as Asphyxia due to hanging and except ligature mark in the neck, there is no injury on the body of the deceased. It is further submitted that there is no eye witness of the said incident and the case of the present applicant being father-in- law is entirely distinguished from the case of Hem Chand (husband of the deceased). It is next submitted that there is no evidence of involvement of the applicant in the said offence and he has been falsely implicated in this case only on account of the fact that he is father-in-law of the deceased. It is also submitted that the applicant has no previous criminal history, therefore, the applicant is entitled to be released on bail. The applicant is languishing in jail since 13.03.2019 & 23.04.2019.
Per contra, learned Additional Government Advocate and learned counsel for the first informant have vehemently opposed the application for bail by contending that the marriage of son of the applicant with the deceased was solemnized in the year 2017, therefore, the entire family members are liable for committing the said offence.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Naresh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not indulge in any unlawful activities.
iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 7.6.2019 SKD