Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27537 of 2019 Applicant :- Ram Niwas Opposite Party :- State of U.P.
Counsel for Applicant :- A.C.Srivastava,Adesh Kumar Counsel for Opposite Party :- G.A.,Abhay Pratap Singh,Nasir Hussain
Hon'ble Om Prakash-VII,J.
List revised.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Though applicant is husband of the deceased yet he is in jail since 15.10.2017. No prosecution witness has been examined so far. Referring to contents of F.I.R. it is also submitted that what sort of demand of additional dowry was made has not been cleared in it. Learned counsel for the applicant referred to statement of the informant recorded under Section 161 CrPC and further submitted that informant himself has admitted that applicant and family members were demanding Rupees One Lakh to ensure employment of the applicant. Referring to aforesaid facts it is further submitted that demand said to have been disclosed in the statement recorded under Section 161 CrPC does not come under the purview of dowry. It is next contended that minimum sentence provided for the offence under Section 304-B IPC is of seven years whereas applicant is in jail for about four years. It is lastly submitted that in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant as well as the learned AGA opposed the prayer for bail and submitted that deceased was done to death within two years of her marriage. Cause of death of the deceased is ante mortem hanging. Demand of additional dowry was repeatedly made. Panchayat was also convened but despite this fact deceased was done to death. A prima facie case is made out.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully.
A perusal of the F.I.R. reveals that informant has not cleared the kind of demand of additional dowry in the statement recorded under Section 161 CrPC and only this fact has been stated that amount was being demanded to ensure employment of the applicant. Hence, considering the entire facts and circumstances of the case and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC and without expressing any opinion on the 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 Niwas involved in Case Crime No.604 of 2017, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Brahmpuri, District - Meerut be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.9.2021 safi