Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23041 of 2019 Applicant :- Rajesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Babban Prasad Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Rajeev Lochan Shukla, Advocate assisted by Sri Babban Prasad Dwivedi, learned counsel for the applicant and learned AGA for the State, and perused the record.
It is submitted by learned counsel for the applicant that on the basis of application u/s 156(3) Cr.P.C., F.I.R. was lodged. Initially, in this case, after investigation, Final Report/closer report was submitted against the applicant, protest petition was filed that was treated as complaint case and after recording statements of Vijay Kumar Tiwari,, Veerbhan Singh, Baladin, Kamala Devi and Ashok under Section 200 and 202 Cr.P.C. vide order dated Rajesh, Bachchu Singh, Anguri Devi and Neela were summoned by the Court in complaint case without giving opportunity of hearing as well as cross-examining. The applicant has been falsely implicated in the present case. There is no independent wintess against the applicant. He is languishing in jail since 8.5.2019, having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 applicant Rajesh involved in Criminal Case No. 6245 of 2011, under Section 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Kotwali Farrukhabad, District Farrukhabad be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2019 A. Singh