Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4792 of 2021 Applicant :- Naveen @ Gaurav Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Arvind Agrawal, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed the present offence. He has been falsely implicated in this case. It is further submitted that during trial, mother and father of the deceased have been examined. Although, father of the deceased has supported the prosecution case in the examination-in-chief, but when he was cross-examined by the defense, he resiled from the statement made in the cross-examination. Referring to the statement of P.W.2 - the mother of the deceased, it is further argued that she has not supported the prosecution case either in the examination-in-chief or in the cross-examination. No other witness of fact remains to be examined. Other witnesses listed in the charge-sheet are formal witnesses. Referring to the entire evidence collected in the matter, it is further argued that no prima facie case is made out against the applicant. Deceased committed suicide herself. Applicant is languishing in jail since 5.10.2019 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. 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, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, 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 Naveen @ Gaurav involved in Case Crime No.202 of 2019 under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Eka, District - Firozabad 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. 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.
4. 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 :- 12.8.2021 ss