Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32738 of 2018 Applicant :- Rajesh @ Bablu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kr. Srivastava, Ajay Kr. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant is the husband of deceased. It has been submitted that the deceased committed suicide on account of dispute with her husband on trivial issues. The informant has admitted in his statement before the police that there was no demand of dowry from the side of the applicant rather he himself wanted to give a motorcycle to the applicant and was making arrangements but in the meantime his daughter died. It has further been submitted that in the inquest report the informant and his brother, Manoj Kumar, were witnesses. Lodging of false FIR has also been admitted by the informant in his statement before the court admitting that he implicated the mother-in-law and father-in-law of his daughter in the FIR on the instigation of the counsel. It has been submitted that the implication of the applicant is absolutely false. The applicant is in jail since 17.02.2018 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Rajesh @ Bablu, be released on bail in Case Crime No. 65 of 2018, under Sections 498-A, 304-B of IPC & Section 3/4 of Dowry Prohibition Act, Police Station- Ata, District- Jalaun, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 22.8.2019 Rohit