Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17703 of 2018 Applicant :- Pravesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Neeharika Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Pravesh with a prayer to release him on bail in Case Crime No. 82 of 2017, Session Trial No.138 of 2017, under Sections 498-A, 506, 304-B IPC 3/4 Dowry Prohibition Act, Police Station Baghpat, District- Baghpat, during pendency of trial.
From the perusal of material on record, it appears that there are two dying declarations. In first dying declaration, there is general allegation against the husband of the deceased and family member of matrimonial home. In second dying declaration, specific role of the applicant of pouring petrol on the deceased alongwith his brother, has been assigned. At this stage, it cannot be decided which declarations of the deceased is correct. It can be done only during tiral.
Keeping in view of the fact that the applicant is brother-in- law (Jeth) of the deceased. The applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 13.3.2017. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Pravesh involved in the 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 :- 31.5.2019 Ruchi Agrahari