Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51196 of 2019 Applicant :- Pawan Jaiswal Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Mishra,Krishna Kant Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashok Kumar Mishra, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 176 of 2018, under Sections 498A & 304B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Sujanganj, District Jaunpur.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. The accused applicant is husband of the deceased. The marriage of the applicant was performed with the deceased on 11.02.2017 against her wish as she was in love with one Vicky and therefore the victim has committed suicide. In post mortem report the cause of death is shown to be asphyxia as a result of ante mortem hanging and her hyoid bone was found intact. The applicant has no criminal history. The accused applicant is in jail since 08.01.2019, if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and submitted that the applicant is the main accused and the death of the deceased has occurred inside the house of the applicant because she was tortured for demand of dowry, therefore, bail of the applicant should be refused.
After taking into consideration the rival contentions and having perused the post mortem report, this appears to be a case of suicide as the hyoid bone of the deceased was found intact and cause of death is shown to be Asphyxia due to ante mortem hanging. Looking to the aforesaid facts, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Pawan Jaiswal, involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 VPS