Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37579 of 2020 Applicant :- Rajnesh Opposite Party :- State of U.P.
Counsel for Applicant :- Darwari Lal Counsel for Opposite Party :- G.A.,Krishna Kant Yadav
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 06/2019, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Bhamora, District Bareilly with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is father-in-law of deceased and he has not committed any offence. It was submitted that the marriage of deceased with son of applicant was solemnized about one year prior to the incident and during that period of one year, no complaint was made regarding dowry demand and harassment of deceased that only general allegations of dowry demand and harassment have been levelled against the applicant and co-accused persons and that no specific role has been assigned to the applicant. It was further submitted that the allegations of dowry demand and harassment of deceased are false and baseless. Learned counsel has submitted that in postmortem report, no injury has been shown on the body of deceased and that cause of death could not be ascertained and viscera was preserved. It was submitted that as per viscera report, Aluminum Phosphide has been found in the viscera of deceased. Learned counsel has submitted that similarly placed co-accused Smt. Nemvati, who is mother-in-law of deceased, has already been enlarged on bail by coordinate Bench of this Court, copy of which has been produced and the same is taken on record. It has further been argued that the applicant is in judicial custody since 20.07.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, 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 a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Rajnesh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 24.9.2021 Anand