Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2723 of 2021 Applicant :- Ram Raheesh Opposite Party :- State of U.P.
Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A.,Anil Kumar,Hardev Prajapati
Hon'ble Om Prakash-VII,J.
Learned counsel for the applicant is permitted to make necessary correction in the prayer of the bail application.
Heard learned counsel for the applicant, learned counsel for the informant and 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. It is further submitted that applicant is husband of the deceased but no specific role has been assigned against him in the FIR. Marriage is said to have been solemnised in the year 2014. There are three children born out of the wedlock of the applicant and the deceased. It appears improbable and unbelievable that in the year 2020 a demand of additional dowry in the form of Tractor could be raised. In fact deceased committed suicide herself. Applicant is in jail since 05.06.2020 having no criminal history.
On the other hand, learned AGA as well as learned counsel appearing for the informant opposed the prayer for bail and argued that a prima facie case is made out against the applicant. Deceased was done to death by the applicant and his family members. Another incident had also been taken place in the family and family members of the applicant were prosecuted for the offence under Section 304-B IPC Thus, there is family history of committing such type of offences.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused 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 Raheesh involved in Case Crime No. 0091 of 2020, under Sections 498-A, 304-B I.P.C. and Section 3/ 4 D. P. Act, P.S. Sahawar, District Kasganj 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 the 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.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 7.4.2021 Sachdeva