Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32204 of 2013 Applicant :- Om Prakash And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Sunder Mishra,Smt. Manju R. Chauhan Counsel for Opposite Party :- Govt.Advocate,Jayant Kumar
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of applicants. Learned A.G.A. is present for State. However, I myself have perused the record.
2. The present bail application has been moved by the accused-applicants for enlarging them on bail in Case Crime No. 255 of 2013, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bindaki, District Fatehpur.
3. It is stated in the affidavit accompanying to bail application that neither before marriage any dowry was settled between parties nor after marriage any demand of dowry was made. The applicants are father-in-law and mother-in-law of deceased and allegation against them are general in nature. There was no specific role assigned to applicants. Applicants have no criminal history and they have been falsely implicated in the present case. There are no chances of applicants of fleeing away from judicial process or tampering with prosecution evidence. They undertake to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicants are in jail since 30.08.2013 and in case they are enlarged on bail, they will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicants on bail.
6. The application is allowed.
7. Let applicants, Om Prakash Gupta and Smt. Shila Gupta, involved in Case Crime No. 255 of 2013, under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bindki, District Fatehpur be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicants will not temper with the evidence during trial.
(ii) The applicants will not pressurize/intimidate the prosecution witness.
(iii) The applicants will appear before Trial Court on the date fixed.
(iv) The applicants shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicants, the Court below shall be at liberty to cancel their bail.
9. It is made clear that since this application was filed in 2013 and has been listed before this Court in 2019 and none is able to give any information about present status, it is provided that in case trial has already concluded or there is any other happening on account whereof this application has rendered infructuous, it is made clear that in such case this order shall not have any legal consequence and this application shall be deemed to have been rejected.
Order Date :- 28.1.2019 AK