Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46207 of 2017 Applicant :- Pradeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sudarshan Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.173 of 2017, under Sections 498-A, 306 IPC and 3/4 of Dowry Prohibition Act, Police Station Aonla, District Bareilly, with the prayer to release him on bail.
It has been contended by learned counsel for the applicant that the applicant is the husband of the deceased and his marriage was solemnized with the deceased about six years back. On account of matrimonial discord she died after consuming poison. Thereafter the parents of the deceased and the applicant entered into a compromise on certain terms and conditions. However, after nine months of the incident, he moved an application under Section 156(3) Cr.P.C. on which the first information report was registered. Prima-facie, offence under Section 306 IPC is not made out. It is submitted that the applicant is in jail since 13.7.2017 having no criminal antecedent.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Pradeep, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(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 default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.4.2018 Hasnain