Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17021 of 2021 Applicant :- R.C. Gupta @ Ramesh Chandra Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Tripathi,Alok Kumar Srivastava Counsel for Opposite Party :- G.A.,Abha Pandey,Lal Ji Pandey
Hon'ble Om Prakash-VII,J.
Heard Sri Alok Kumar Srivastava, learned counsel for the applicant, Sri Lal Ji Pandey, learned counsel for the informant, learned A.G.A for the State and perused the record.
Submissions of learned counsel for the applicant is that the applicant is innocent and has not committed the present offence. Applicant is father-in-law of the deceased. He has no concern with the present matter. Cause of death of the deceased is asphyxia due to smoothering. The applicant was present at his work place. He proceeded for home after receiving information as is clear from the first information report. It has also been argued that applicant is a Loco Pilot. If entire prosecution is taken into consideration then also nothing was disclosed in first information report regarding demand of dowry or causing cruelty or harassment in lieu of said demand. Thus, offence levelled in present matter does not attract against the applicant. Applicant was implicated in this matter only being the family member of husband of the deceased. It has also been argued that if the entire prosecution version is taken into consideration, then also husband of the deceased may be responsible for unnatural death of deceased. Applicant is in jail since 8.2.2021 having no criminal history.
On the other hand, learned AGA and learned counsel for the informant opposed the prayer for bail and argued that death of deceased is unnatural within two weeks of her marriage. Although nothing is mentioned in first information report regarding demand of dowry but suspicion has been shown to this effect. A prima faice case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, contents of first information report, statement of victim under section 161 Cr.P.C., complicity of accused and without expressing any opinion on 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 R.C. Gupta @ Ramesh Chandra Gupta involved in Case Crime No.1134 of 2020, under Sections 498- A, 304-B IPC and 3/4 D.P. Act, P.S. Naubasta District - Kanpur Nagar be released on bail on furnishing each 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2021 Gss