Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18378 of 2019 Applicant :- Ram Awatar Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Yadav 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 by the informant against six accused persons namely, Sandeep Shukla (husband), Ramawadh Shukla (father-in-law), Anjana Devi (mother-in-law), Anju (nanad) and Suresh (devar) alleging that the marriage of deceased Antima Pandey was solemnized with Saneep Shukla on 27.6.2017, they demanded additional dowry as rupees two lacs from the deceased for which the deceased was being tortured by them and on 26.4.2018 they killed her by setting her on fire. Dying declaration was recorded, she stated that mother-in-law, father-in-law, nanad and devar poured kerosene and set her on fire.
It is submitted by learned counsel for the applicant that applicant is father-in-law of deceased. Co-accused namely Anju and Anjana Devi have been granted bail by this Court. 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. There is no possibility to get this case decided in short period in future. 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 28.4.2018 ( more than one year) 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 Ram Awatar Shukla involved in Case Crime No. 40 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kandharapur, District Azamgarh 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 :- 30.4.2019 A. Singh