Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7186 of 2018 Applicant :- Ram Chandra Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Ram Chandra in Case Crime No.98 of 2017, under Sections 498A, 304B, 201 I.P.C. and 3/4 D.P. Act, P.S. Bhojpur, District Moradabad.
Heard Sri Ajai Kumar, learned counsel for the applicant Sri S.A.S. Abidi, learned AGA on behalf of the State.
The submission of the learned counsel for the applicant is that the applicant is the father-in-law; that there are general allegations against the entire family with no specific allegations against the applicant; that the applicant is living separately of his son, the husband of the deceased and the deceased as asserted in paragraph 7 of the affidavit; that the applicant is an old man of 68 years as asserted in paragraph 17 of the affidavit; that there has been no demand of dowry or harassment in connection with dowry demand preceding the occurrence; that Smt. Ram Murti, the mother-in-law with an identical role to that of the applicant has been admitted to the concession of bail by this Court vide order dated 20.02.2018 passed in Criminal Misc. Bail Application No. 6239 of 2018; and, that the applicant is a respectable man with no criminal history who is in jail since 24.03.2017.
Learned AGA has opposed the prayer for bail with the submission that it is case of an unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand. As such, the applicant is not entitled to the concession of bail. However, learned AGA does not dispute the factum of parity.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the relationship of the applicant to the deceased, a case of parity with the mother-in-law but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Ram Chandra involved in the aforesaid case be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.2.2018 Deepak