Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9348 of 2020 Applicant :- Ram Pyare Opposite Party :- State of U.P.
Counsel for Applicant :- Gautam,Mohd. Shamim Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed today, is taken on record.
Heard learned counsel for the applicant and the learned A.G.A.
The first bail application of the applicant being Criminal Misc. Bail Application No.33675 of 2017 was rejected by Hon'ble Rajul Bhargava, J. vide order dated 11.09.2017.
The second bail application of the applicant being Criminal Misc. Bail Application No.50508 of 2017 was rejected by Hon'ble Rajul Bhargava J. vide order dated 16.03.2018.
The third bail application of the applicant being Criminal Misc. Bail Application No.49970 of 2018 was rejected by Hon'ble Rajul Bhargava J. vide order dated 01.02.2019.
This is fourth bail application on behalf of the applicant Ram Pyare in connection with Case Crime No.179 of 2017, under Sections 498- A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Salempur, district Deoria.
The first information report of this incident was lodged by complainant against eight accused persons including applicant. It was alleged in the first information report that marriage of his daughter was solemnized with the son of the applicant on 31.05.2017. It was also alleged that they had given sufficient dowry in the said marriage. It was also alleged that after marriage, the applicant and his family members were continuously harassing and torturing the daughter of the applicant. It was alleged that due to nonfulfillment of demanded dowry the complainant's daughter was done to death by her in-laws.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that applicant is father-in-law of the deceased. He submitted that the trial has not yet been concluded. He submitted that He submitted that co-accused Smt. Sheela Devi, mother-in-law of the deceased has been admitted to the concession of bail by another Bench of this Court by order dated 08.11.2017 passed in Criminal Misc. Bail Application No.43193 of 2017, copy whereof has been annexed on page no.65 of the paper book and the role assigned to the applicant is similar to the role of the other co-accused, who have already been enlarged on bail. He claims parity. He submitted that trial of this case has not yet been concluded. He submitted that applicant is languishing in jail since 06.07.2017, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, considering the period of detention in jail, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of
U.P. and others, 2018 (3), SCC, 2 and also fact that aforesaid co- accused has been admitted to concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ram Pyare involved in the aforesaid crime 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.
Order Date :- 22.12.2021 R./