Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22734 of 2019 Applicant :- Rajendra Varma Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 6.4.2019 by the informant against five accused persons namely, Fatehbahadur, Rajendra Verma, Hemant, Sindhu and Sudha alleging that the marriage of deceased Gudiya was solemnized with Fatehbahadur in the year 2013, they demanded dowry as rupees two lacs from the deceased for which the deceased was being tortured by them and on 1.4.2019 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem hanging.
It is submitted by learned counsel for the applicant that applicant is the father-in-law. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. He has no concern with the demand of dowry and he is not beneficiary of the same. Applicant has no concern with deceased and her husband. He is living separately. Deceased has committed suicide herself. He is languishing in jail since 22.4.2019 (more than one month) having no criminal history and 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 but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rajendra Varma involved in Case Crime No. 279 of 2019, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali, District Mahrajganj 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 :- 30.5.2019 A. Singh
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22734 of 2019 Applicant :- Rajendra Varma Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
From the perusal of postmortem report deceased Gudiya Devi dated 2.4.2019 conducted by Dr. Santosh Kumar Dubey (annexed at page 27 to 29 of bail application), it transpires that doctor has not written anything in column of hyoid bone. Hence, it is not clear that what was the position of hyoid bone i.e. fractured or intact. It is very necessary for Court to know the position of hyoid bone while deciding the case.
The District Magistrate and C.M.O. Mahrajganj are directed to ensure the compliance of Court's order by filling personnel affidavit of Dr. Santosh Kumar Dubey why and under what circumstances position (i.e. fractured or intact) of hyoid bone was not written by doctor. Report be submitted on or before 4.7.2019.
List in the week commencing 8.7.2019.
Copy of this order be provided free of cost to learned A.G.A. for the State within 24 hours for compliance.
Office is directed to send a copy of this order through FAX, e-mail and speed post within two days from today to District Magistrate & C.M.O., Mahrajganj for necessary compliance.
Order Date :- 30.5.2019 A. Singh