Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40829 of 2019 Applicant :- Natthu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned AGA for the State and Shri Jai Prakash Singh, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Natthu Yadav with a prayer to release him on bail in Case Crime No. 712 of 2018, under Sections 498-A. 323, 506, 325 IPC and 3/4 Dowry Prohibition Act Police Station Badagaon, District- Varanasi, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that main allegation has been made against co-accused, Tej Bahadur alias Teju, who is brother-in-law (Jeth) of the victim and other accuseds have been implicated on the basis of general allegations. The marriage between the victim and co-accused, Adalat, took place in the year 2011 and it has been submitted that allegation of demand dowry after about eight years of marriage is not correct. The applicant is languishing in jail since 2.9.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has vehemently opposed the prayer for bail and he has submitted that injury has been caused to the minor son of the victim by the accused.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Natthu Yadav involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.9.2019 Atul kr. sri.