Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30817 of 2021 Applicant :- Nawab Opposite Party :- State of U.P.
Counsel for Applicant :- Sujata Choudhary,Mohit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is father-in-law of deceased and he has not committed any offence. Though, the marriage of deceased with son of applicant has taken place only about eight months prior to the incident, but the allegations regarding dowry demand and harassment of deceased, are false and baseless. Only general allegations of dowry demand and harassment of deceased have been attributed to all the seven accused persons including the applicant and no specific role has been attributed to applicant. It was submitted that deceased has committed suicide by consuming some insecticides and after the incident, her family members were informed and they were also present at the time of inquest proceedings but they have lodged first information report of this case on next day making false and baseless allegation. In postmortem report, no injury has been shown on the person of deceased and cause of death of deceased could not be ascertained and viscera was preserved, but the viscera report is yet to be received. Lastly, it was submitted that the applicant is languishing in jail since 23.12.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that marriage of deceased with son of applicant has taken place only about eight months prior to the incident and there are allegations that applicant and his family members used to harass the deceased.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Nawab involved in Case Crime No. 583 of 2020, under Sections 498-A and 304-B IPC and Section 3/4 of D.P. Act, P.S. Kithore, District Meerut, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 22.9.2021 A. Tripathi