Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43353 of 2018 Applicant :- Neeraj Dubey @ Pradeep Dubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Muktesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being Dewar of deceased; that as per averments made in F.I.R. lodged by Sheshnath, his daughter Sushma was married to Pankaj in the year 2013 and since after marriage, she was being treated with cruelty for non fulfilment of demand of dowry and on 11.8.2018, her husband and in-laws caused her death; that as per post mortem report cause of death due to asphyxia as a result of anti mortem hanging; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant was living separately with his wife, as mentioned in para 6 of affidavit given in support of bail application; that following dispute between husband and wife, deceased appears to have committed suicide; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 11.8.2018.
Learned A.G.A. vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Neeraj Dubey @ Pradeep Dubey be released on bail in Case Crime No.209 of 2018, under Sections 498-A, 304- B I.P.C. and 3/4 D.P. Act, P.S. Badlapur, District Jaunpur on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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.
Order Date :- 28.2.2019 Tamang