Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20280 of 2018 Applicant :- Ram Niwash Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Chandra Singh,A/S0535 Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard Sri Sharad Chandra Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Ram Niwash in Case Crime No.1567 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Kapilbastu, District-Siddharth Nagar with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is father-in-law of the deceased and his son's marriage was solemnized with the deceased about five years' back and her Gauna had taken place two years' back. It is next contended that in fact the deceased never wanted to live at her matrimonial home. Due to which, she had strained relations with her husband who desisted her from going to her Maika. It is stated that on account of this fact, the deceased committed suicide by hanging. The case of the applicant is distinguishable from that of husband of the deceased. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 2.1.2018, having no criminal history to his credit, deserves to be released on bail.
It is lastly contended that similarly situated co-accused Kislawati, mother-in-law of the deceased, has already been granted bail by another Bench of this Court vide order dated 04.5.2018 passed in Criminal Misc. Bail Application No. 16687 of 2018, photo copy of which order has been produced before this Court, which is being taken on record.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Ram Niwash be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.5.2018/faraz