Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2680 of 2019 Applicant :- Rajpal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamesh Kumar Arya Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant Rajpal Singh, who is involved in Case Crime No.458 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Hayatnagar, District Sambhal (Bheem Nagar), is seeking enlargement on bail during the trial.
It has been submitted by learned counsel for applicant that applicant is innocent having been falsely implicated in this very case crime number; deceased has committed suicide; there is no ante mortem injury except the ligature mark; neither any specific role has been attributed to applicant nor dowry was ever demanded by her and he is having separate living.
Learned A.G.A. vehemently opposed the bail application.
The informant in its report has said that information of this unnatural death was received from the accused side to complainant side at 2 A.M. on 28.10.2018 and it was Lokesh who had came to the house of complainant and had asked additional dowry of Rs.1,00,000/-; specific role of demand of dowry and cruelty is against son-in-law; applicant is father-in-law, having claimed separate living.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances and also the fact that the co-accused, namely, Smt. Veena Devi, mother-in-law of the deceased/wife of the present applicant has already been enlarged on bail by this Court vide order dated 10th January, 2019, without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Rajpal Singh be released on bail in Case Crime No.458 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Hayatnagar, District Sambhal (Bheem Nagar), on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
(Rajeev Misra, J.) Order Date :- 22.1.2019 Sushil/-