Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53675 of 2021 Applicant :- Pramod Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that the deceased was married to Atul Kumar three years prior to the incident. After marriage, she was subjected to harassment in relation to demand of dowry. On 18.08.2021, she committed suicide by hanging.
It is submitted by learned counsel for the applicant that he is father-in-law of the deceased. He has no interest in making demand of dowry or causing harassment to the deceased. General allegation has been made against him and all the members of his family have been implicated in this case. The applicant was living separately from the family of the deceased. There was matrimonial dispute between the husband and wife that was the reason she committed suicide. The applicant is in jail since 12.11.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, requested for bail.
On the other hand, learned A.G.A. opposed the prayer for bail and urged that the applicant is the sasur of the deceased and it was his moral duty to protect her wife. There is allegation of demand of dowry against the applicant also. Therefore, he is not entitled to be released on bail.
Considering the facts and circumstances of the case and submissions made by learned counsel for the parties and the fact that there are general allegations of demand of dowry and harassment against the applicant, without expressing any opinion on the 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 Pramod Kumar involved in Case Crime No.443 of 2021, under Sections 498-A, 304-B I.P.C, 3/4 D.P. Act, P.S. South, District Firozabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 Madhurima