Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17795 of 2018 Applicant :- Neeraj Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed today on behalf of the State is taken on record.
Heard Sri Manish Tiwary, learned senior counsel assisted by Sri Ashwani Kumar Awasthi, learned counsel for the applicant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that it is a trumped up case set by the prosecution with ulterior motive to harass and humiliate the applicant and his family. It is further submitted that the jeth of the deceased is a handicapped person on account of which the deceased feels suffocation and wants to go to her parental home for which she asked her parents also, but her parents refused to take her home for the reasons best known to them on account of which the deceased was under depression and committed suicide by burning herself. It is further submitted that at the time of incident the applicant was not present at home as he was present in his office, the said fact has been mentioned in paragraph no.12 of the affidavit accompanying this bail application.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 2.8.2017, almost two years have passed and the trial is yet at primary stage, hence it would be appropriate to release the applicant on bail. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Without expressing any opinion on the merits of the case let the applicant Neeraj Mishra involved in Case Crime No.106 of 2016 under Sections 304B/498A I.P.C. and 3/4 D.P. Act, Police Station Lohta, District Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 31.7.2019 Rk