Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1444 of 2019 Applicant :- Rajendra Nishad Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
The present bail application has been filed by the applicant in Case Crime No. 38 of 2018, under Sections 498A, 306 of IPC, Police Station Pailani, District Banda with the prayer to enlarge the applicant on bail.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and that he never demanded any dowry nor he has ever harassed the deceased. Marriage of applicant with deceased has taken place in the year 2008 but during ten years of their matrimonial life, no complaint was made regarding any dowry or harassment. It was further submitted that out of the wedlock, applicant has two daughters. He further submitted that deceased has committed suicide and after that, applicant has duly informed the police and that family members of deceased have also reached there and have participated in inquest proceedings but at that time, no FIR was lodged. It was stated that FIR has been lodged after three days of incident after making deliberation with ulterior motive and that no case is made out against applicant. It was further submitted that applicant is languishing in jail since 04.04.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and argued that applicant is husband of deceased and that there are allegations against him that he was a habitual drinker and he used to harass the deceased on account of dowry.
Considering the submissions of learned counsel for the parties, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rajendra Nishad involved in aforesaid case 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 complainant or any prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted by court.
4. The applicant shall not indulge in such acts like that of present case.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
Order Date :- 27.11.2019/Mohit