Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15384 of 2018 Applicant :- Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to prosecution case, F.I.R. was lodged by Vijay Kumar on 20th July, 2015 against five accused persons including the applicant alleging that marriage of his sister, namely, Rekha was solemnized in March, 2006 with the applicant. The applicant and other co-accused demanded dowry since then regularly. Despite giving the same from the parents of the deceased, the applicant and other co-accused were not satisfied. In connection with the same, on 19th July, 2015 at night, they set her ablaze, from which she sustained 100% burn injuries and resultantly during treatment in the hospital she died.
Learned counsel for the applicant submitted that the applicant and other co-accused have been falsely implicated in the present case; the deceased was admitted in the hospital by the brother of the applicant, the first information report was lodged after one day of the accident, there is no evidence qua the demand of dowry or torturing of the deceased, there is no dying declaration of the deceased; there is no eye-witness account against the applicant, there is no independent witness against the applicant, the deceased was burnt due to incident only, there is no likelihood of completion of trial in near future, in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial, he is languishing in jail since 29th July, 2015 (more than two years and ten months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Prakash involved in the Case Crime No. 505 of 2015, under Sections 498A, 304B, 302, 323 and 504 of the Indian Penal Code, P.S. Shahganj, District Agra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 conditions, the court below shall be at liberty to cancel the bail.
(Aniruddha Singh, J.) Order Date :- 28.5.2018 Sushil/-