Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39202 of 2019 Applicant :- Rahis Opposite Party :- State of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Supplementary affidavit filed today is taken on record.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.137 of 2019, under Sections 498-A,304-B,201 IPC and Section 3/4 Dowry Prohibition Act, Police Station Kasganj, District Kasganj during the pendency of trial.
Heard learned counsel for the applicant and the learned A.G.A. and also perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is the father-in-law of the deceased. The applicant is absolutely innocent and has falsely been implicated in the present case alleging in the First Information Report that the applicant and his family members were demanding additional dowry and on account of which, daughter-in-law subjected to ill-treatment and harassment. The story set up by the prosecution is absolutely false and vague that the applicant and his family members arrived at the parental house of the victim on the fateful day and strangulated her. The FIR came into existence after inordinate delay by moving an application u/S 156(3) Cr.P.C. after the cremation of the dead body. It is further submitted that the victim died in her parental house for which the applicant cannot be made responsible in any manner. There is no prospect of trial being concluded in near future due to heavy dockets. The applicant is languishing in jail since 3.6.2019 having no criminal history to his credit deserves to be released on bail. In case the applicant is enlarged on bail he will cooperate with the trial and will not misuse the liberty of bail.
Per contra the learned A.G.A. has contended that the statement of the prosecution witnesses clearly reveals that in-laws of the victim arrived at the parental house of the victim and pressed her neck and thereafter she died immediately. As such it cannot be said that there is any fabrication in the prosecution story. The innocence of the applicant cannot be adjudged at pre trial stage. The applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Looking to the facts and circumstances of the case but without expressing any opinion of the merits, let the applicant Rahis 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 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, the prosecution shall be at liberty to move an application 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 :- 27.11.2019 M. Tariq