Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19345 of 2021 Applicant :- Pawan Chauhan Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Mishra,Surjeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Pawan Chauhan, with a prayer to release him in Case Crime No.73 of 2020, under sections 498A, 304B I.P.C. & 3/4 Dowry Prohibition Act, Police Station Jiyanpur, District Azamgarh, during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Marriage of the applicant was solemnized with the victim on 01.04.2020. First Information Report has been lodged by the brother of the deceased. He next argued that uncle and brother of the deceased have turned hostile. Statements of the informant and brother of the deceased have been annexed with the supplementary affidavit. He next argued that deceased had committed suicide, which is clear from the postmortem report and dead body has been recovered in presence of informant and applicant was not present in the house when deceased had committed suicide. Other co-accused have been granted bail. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 03.04.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Pawan Chauhan be released on bail in Case Crime No.73 of 2020, under sections 498A, 304B I.P.C. & 3/4 Dowry Prohibition Act, Police Station Jiyanpur, District Azamgarh on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 22.12.2021/SKD