Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34068 of 2021 Applicant :- Pawan Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Virpratap Singh,Rajat Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is brother-in-law (Dever) of deceased and he has not committed any offence. Only general allegations of dowry demand and harassment of deceased have been levelled against all the four accused persons including the applicant. No specific role has been assigned to applicant. In the postmortem report of deceased, except ligature mark, only some minor injuries were shown on the body of deceased and that cause of death has been stated asphyxia as a result of ante-mortem hanging. It was also submitted that applicant was residing separately from deceased and her husband and in this connection, learned counsel has referred the copy of ration card, which has been annexed as Annexure-6 to the bail application. It has been further submitted that similarly placed co-accused persons, namely, Dhruv Ram Kushwaha, who is father-in-law of deceased and Smt. Atarrani, who is mother-in-law of deceased have already been enlarged on bail by different Benches of this Court, the copies of which, are available on record. It has been submitted that the applicant is languishing in jail since 06.07.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons, namely, Dhruv Ram Kushwaha, who is father-in-law of deceased and Smt. Atarrani, who is mother-in-law of deceased have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Pawan Kumar involved in Case Crime No.60 of 2020, under Section 498-A, 304-B IPC and Section 3/4 D.P. Act, P.S. Jalalpur, District Hamirpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 26.10.2021 Neeraj