Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8586 of 2019 Applicant :- Ram Gopal Opposite Party :- State Of U.P.
Counsel for Applicant :- Harish Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being father-in-law of deceased; that as per averments made in F.I.R. marriage of Ritu, sister of first informant was solemnised with Karan Singh on 11.5.2017 and she was being treated with cruelty for non-fulfilment of demand of one motorcycle and Rs.1,00,000/- as dowry and her dowry death was committed on 18.8.2018; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant may not be beneficiary of motorcycle or Rs.1,00,000/- demanded, as dowry; that post-mortem report states that cause of death is asphyxia as a result of ante-mortem hanging; that following dispute between husband and wife, deceased appears to have committed suicide; that case of applicant is distinguishable with husband of deceased; that co-accused Smt. Keshkali, mother-in- law, has been granted bail by another Bench of this Court vide order dated 11.2.2019 passed in Criminal Misc. Bail Application No.6050 of 2019, copy produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 5.9.2018.
Learned A.G.A. vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Ram Gopal be released on bail in Case Crime No.132 of 2018, under Sections 498-A/304-B I.P.C. and Section 3/4 D.P. Act, P.S. Bakewar, District Fatehpur, on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with 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.
Order Date :- 27.2.2019 Kpy