Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48433 of 2021 Applicant :- Radhey Shyam Opposite Party :- State of U.P.
Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.96 of 2021, under Sections 498-A, 304-B I.P.C. & 3/4 D.P. Act, Police Station Sakrauli, District Etah, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is father-in-law of the deceased, aged about 75 years and suffering from various old age diseases. Although he is named in the FIR but he has no concern with the present crime. He is innocent and committed no offence. He has been falsely implicated in the present case and He has no role in the incident. Entire prosecution story is false and fake.
(ii) As per FIR, main allegation of cruelty and demanding the dowry appears to be against the husband and victim / deceased died due to hanging within seven years of the marriage. Applicant neither tortured nor harassed the victim / deceased for demanding of dowry. Applicant is living separately. Applicant is not the beneficiary of any dowry. Informant is not an eye witness and there is no independent witness who has seen the alleged incident.
(iii) Applicant is in jail since 08.08.2021 without any credible evidence and having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, fact that applicant is old aged and father-in-law of the deceased and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Radhey Shyam be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 I.A.Siddiqui