Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45597 of 2021 Applicant :- Omprakash Opposite Party :- State of U.P.
Counsel for Applicant :- Mohit Singh,Dileep Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that deceased was wedded to Rajendra prior to five years of incident. She was subjected to harassment in relation to demand of dowry. On 22.4.2021 at about 11 O'clock in the night, she committed suicide by hanging. An FIR was lodged in this regard by father of the deceased on 23.4.2021, under Sections 498A, 304B IPC and 3/4 D.P. Act.
It is submitted that applicant is innocent and he has falsely been implicated in the present case. He has not committed any offence. Applicant is father-in-law aged about 60 years. No any demand of dowry was made by this applicant. He has not made any harassment. Further submitted that applicant was living separately with his wife and other unmarried son and daughter from the family of deceased. No any ante mortem injury was found on the person of the deceased. The applicant is languishing in jail since 24.4.2019 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that applicant is father-in-law of the deceased and he was living separately and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant - Omprakash involved in Case Crime No. 168 of 2021, (Sessions Trial No. 250/2021), under Sections 498A, 304B, 313 I.P.C. and 3/4 D.P. Act, Police Station Sambhal, District Sambhal, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.12.2021 Arif