Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9949 of 2021 Applicant :- Ram Mahesh Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant is father-in-law of deceased and that he has been falsely implicated in this case. It has been submitted that marriage of son of applicant with deceased took place about two and a half years back and out of this marriage they have a daughter, aged about two years and there is absolutely no motive on the part of the applicant to cause death of deceased. It was stated that it was love marriage and thus, there is no question of any demand of dowry. Learned counsel for the applicant submitted the there is no eye-witness of alleged incident. It was submitted that in fact the deceased and her husband were living separately and that applicant has no concern with their matrimonial life. Learned counsel further submitted that co-accused Narayan Devi @ Narayan Sri, who is mother-in-law of deceased, has already been granted bail by a coordinate Bench of this Court vide order dated 8.04.2021, passed in Criminal Misc. Bail Application No.15684 of 2021. It has been submitted that the applicant is languishing in jail since 19.10.2020 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, however, it has not been disputed that similarly placed co-accused Narayan Devi @ Narayan Sri has already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, 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 Ram Mahesh involved in Case Crime No.155 of 2020, under Sections 302 and 201 IPC, P.S. Makhanpur, District Firozabad, 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 :- 28.7.2021 Neeraj