Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49827 of 2021 Applicant :- Radheshyam Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Roy,Harshit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.207 of 2021 under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Phoolpur, District - Varanasi.
It is submitted by learned counsel for the applicant that the applicant is father-in-law of deceased. He is innocent and has been falsely implicated in the present case. He has no concern with the present matter. He has not committed the present offence. Neither he made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. He has been roped in the matter only being the family member of the husband of deceased. General allegations have been made in the matter. Cause of death of the deceased was ante-mortem hanging. It is further submitted that the co-accused Kalawati Devi has been granted bail by a Coordinate Bench of this Court vide order dated 14.12.2021 passed in Criminal Misc. Bail Application No.50262 of 2021, copy of the same has been produced which is taken on record, hence parity has been claimed. It is further submitted that the applicant is languishing in jail since 6.7.2021 having no criminal antecedents. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, period of detention in jail and 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 Radheshyam involved in Case Crime No.207 of 2021 under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Phoolpur, District - Varanasi 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. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
4. 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 :- 21.12.2021 AU