Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10981 of 2018 Applicant :- Om Prakash Giri Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Singh Shrinet Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Om Prakash Giri in connection with Case Crime No. 0507 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Pipraich, District Gorakhpur.
Heard Sri Vivek Singh Shrinet, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is a brother-in-law (Jeth) to the deceased; that the allegations are general in nature with no specific role being assigned to the applicant; that the applicant has been living separately of the deceased and her husband; that the cause of suicide for whatever the deceased met with an unnatural death is a matter between the husband and the wife to which the applicant is not a party or privy; that the reason for the deceased ostensibly who have committed suicide is disclosed by a letter, a copy of which is annexed as annexure no. 9 to the affidavit but the same has not been taken on record by the investigating agency; that the husband is in jail since 14.12.2017; and that the applicant is a respectable man with no criminal history who is in jail since 30.01.2018.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. As such, the applicant is not entitled to bail. However, learned AGA does not dispute the fact that there are general allegations.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Om Prakash Giri involved in Case Crime No.
0507 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Pipraich, District Gorakhpur be released on bail on executing a personal bond and furnishing two 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 27.3.2018 Deepak