Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51640 of 2019 Applicant :- Premsheela Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Kumar Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ravindra Kumar Yadav, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 179 of 2019 under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S Mubarakpur, District Azamgarh.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; applicant is jethani of the deceased who is living with her husband away in Nasik in State of Maharashtra, thereafter attention of this Court is drawn towards the Adhar Card of both the husband and wife annexed at page nos. 24-A and 24-B; no demand of dowry was ever made. Co- accused, Awadhesh Prajapati has been granted bail by Co- ordinate Bench of this Court on 16.11.2019 in Crl. Misc. Bail Application No. 49486 of 2019. The accused is lying in prison since 8.09.2019; the accused has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and stated that the bail has been obtained by the co-accused, Awadhesh Prajapati on wrong facts as the hyoid bone of the victim was found fractured; cause of death in the post-mortem report was mentioned to be asphyxia as a result of ante-mortem throttling.
Looking to the fact that co-accused has been granted bail and applicant is stated to be residing in Maharashtra, it is a case of separate living, 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, Premsheela 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 :- 26.11.2019 A. Mandhani