Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21790 of 2020 Applicant :- Ram Ashare Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Umesh Kumar Prasad,Shailesh Kumar Tripathi,Uday Shankar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Shailesh Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. Learned counsel has submitted that the marriage of the deceased with the applicant has taken place in the year 2007 and that after the marriage, for a period of twelve years, there has been no complaint of any demand of dowry or harassment of deceased. Only general allegations of demand of dowry and harassment have been levelled against all the accused persons including the applicant. It has been further stated that only two months prior to the alleged incident, the deceased has given birth to a child and thus, there are no reasons at all why the applicant would harass or abet the deceased to commit suicide. Learned counsel has submitted that in fact, deceased has died due to accident at railway track. There is absolutely no evidence that the applicant has abetted the deceased to commit suicide. Learned counsel has referred the statement of witnesses and submitted that no case under Section 306 I.P.C. is made out. It has been further submitted that the applicant is languishing in jail since 15.01.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
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 view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant-Ram Ashare Patel involved in Case Crime No.10 of 2020, under Sections 498-A, 306 IPC, Police Station- Mirzamurad, District-Varanasi, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.12.2021 SK Goswami