Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17091 of 2021 Applicant :- Rakesh Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Anoop Khare holding brief of Sri Ashutosh Srivastava, learned counsel for the applicant, learned A.G.A for the State and perused the record.
Submissions of learned counsel for the applicant is that the applicant is father-in-law of the deceased. He is innocent and has not committed the present offence. Cause of death of deceased is ante mortem hanging. He has been falsely implicated in this case on the basis of general allegation. The applicant has not made any demand of dowry and caused cruelty or harassment in lieu of said demand of dowry. He has been falsely implicated being family member of husband of the deceased. he is in jail since 19.9.2020 having no criminal history.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on 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 the applicant Rakesh involved in Case Crime No. 335 of 2020 under Sections 498-A, 304-B IPC & 3/4 D.P. Act P.S. Sehramau Southern District Shahjahanpur be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2021 Gss