Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19893 of 2018 Applicant :- Pavneet Gandhi Opposite Party :- State Of U.P.(Through Secretary Home, Govt. Of U.P.) Counsel for Applicant :- Rahul Trivedi,Ashok Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard Sri Gopal S.Chaturvedi, learned Senior Counsel assisted by Sri Sti Ashok Trivedi, learned counsel for the applicant, Sri Dileep Kumar learned counsel assisted by Sri Shariq Ahmad learned counsel, who has filed his power today in the Court is taken on record and A.G.A. for State.
It is contended by learned counsel for the applicant that the applicant is the husband of the deceased. Learned counsel has drawn attention of this Court to paragraph 49 of the affidavit accompanying the bail application which is the contents of last video recording of the deceased which was also made viral on face-book account at 13:26 hours which is quoted below:-
"मम जसललीन ककौर अपनने हहोश हवस मम ससुससाइड कर रहली हह मनेरली ससुससाइड कसा रलीज़न ससरर मनेरली मदर इन ललॉ और मनेरने रसादर-इन-ललॉ हहै मम ममक्कक कने ससाथ रहनसा चसाहतली हह न मम उसकने ससाथ रह पसा रहली हह न मम रह सकतली हह न मम उसकहो छहोड़ सकतली हह इससलए मम ससुससाइड कर रहली हह बस मनेरसा और कहोई रलीज़न नहहीं हहै" Learned counsel further contends that the deceased had levelled allegations against her mother and father in-law with regard to her ill-treatment and had clearly stated that she wanted to live with applicant (Mikku). It is further argued that the aforesaid last conversation of the deceased clearly shows that no ingredients of abetment or instigation is made out against the applicant and that there is nothing on record to connect the applicant in commission of alleged offence. It is further contended that there is no likelihood of conclusion of the trial in near future. It is next argued that the applicant is neither a previous convict nor he has any previous criminal history and that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 21.01.2018.
Learned A.G.A. has opposed the bail prayer of the applicant.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Pavneet Gandhi, involved in Case Crime No.09 of 20187, under Sections 498A, 304-B, 323 I.P.C., and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Kohna, District Kanpur Nagar, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 30.5.2018 S.Ali