Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51159 of 2019 Applicant :- Pradeep Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Pavan Kumar Maurya,Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.,Jayanti Vikram Singh
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Surya Pratap Singh Parmar, learned counsel for the applicant and Sri B. A. Khan, learned A.G.A.f for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 26 of 2019, under Sections 498-A, 304-B I.P.C., and ¾ Dowry Prohibition Act 1961, P.S. Chauri, District Bhadohi.
It has been argued by the learned counsel for the accused applicant that accused applicant is father in law of the deceased. General allegations has been levelled against the accused applicant of having demanded of Rs. 2,00,000/- in dowry from the deceased and her family members and for non-fulfillment of the same, she is stated to have been burnt to death. No such demand of dowry has ever been made by the applicant. He has been falsely implicated in this case. It is further argued that the deceased has committed suicide as her dead body was found on railway track. The co-accused Raj Kumari (mother-in-law) has been granted bail vide order dated 13.11.2019 in Criminal Misc. Bail Application No. 48599 of 2019, copy of order of which is taken on record. The case of the applicant is at par with the case of the co-accused. He has no criminal history. The accused applicant is in jail since 28.05.2019, if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail and has argued that marriage of the deceased was solemnized on 11.02.2016 and within three years of the marriage the deceased was done to death.
Looking to the fact that the co-accused has already been granted bail and the case of the present applicant is on the same footing as the case of the co-accused as well as considering the 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 Pradeep Patel, 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