Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31362 of 2018 Applicant :- Nitin Kumar Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar,Pt. S.P. Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit has been filed today. Taken on record.
2. Heard Sri S.P. Sharma and Ms. Archana Singh, learned counsel for the applicant as well as Sri S.B. Maurya, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Nitin Kumar Mishra with a prayer to release him on bail in Case Crime No. - 29 of 2018, under Sections - 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station - Kotwali Farrukhabad, District - Farrukhabad, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of dowry death, punishable with imprisonment upto life;
(ii) against FIR lodged on 10.1.2018, the applicant is in confinement since 21.2.2018;
5. Learned counsel for the applicant would submit that it was a case of suicidal hanging as is evidenced from the post mortem report, which brings out a single ligature mark. Even otherwise, it has been submitted, though allegation of dowry had been made in the FIR, during police investigation, P.W.-1 who has already been examined during trial had clearly denied the allegation of demand of dowry and dowry death. In fact, P.W.-1 has claimed that he was present at the house of the deceased at the time of occurrence. Similar statement had been made by P.W.-2 (brother of the deceased).
6. Learned AGA has opposed the prayer for grant of bail and submits that no bail may be granted as may prejudice the outcome of the trial.
7. Having heard learned counsel for the parties, without making any observations as may prejudice the outcome of the trial, it does appear that the applicant has remained confined for substantially long period of time exceeding one and a half year and testimony of crucial witness has already been recorded.
8. In such circumstances, in the entirety of the facts and circumstances of the case, it does not appear desirable to allow for continued detention of the applicant for indefinite period of time.
9. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
10. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
11. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
12. Also, it is directed that the trial court may make best efforts to conclude the trial as expeditiously as possible, without allowing any undue or long adjournments to either of the parties.
Order Date :- 27.11.2019 Prakhar