Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8730 of 2019 Applicant :- Ram Singh @ Ajay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Saran Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being father-in-law of deceased; that as per averments made in F.I.R. lodged by Shivram with inordinate delay on 22.5.2018, his sister Neelam was married to co-accused Amitesh on 15.5.2017 and since after marriage, she was being treated with cruelty for non fulfilment of demand of she buffalo and Rs.1,00,000/- cash and on 27.3.2018 after committing marpeet and pouring kerosene on her, applicant and co-accused persons put her on fire and after sustaining grievous burns by her, applicant and his son Amitesh taken her to hospital, and when she disclosed that her in-laws have put her on fire after pouring kerosene, applicant and his son threatened her of stopping her treatment and at about 10:00 a.m. on 20.4.2018 she succumbed to burn injuries; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant may not be beneficiary of she buffalo and Rs.1,00,000/- cash allegedly demanded, as dowry; that there is no allegations of making any specific demand by applicant; that following dispute between husband and wife, deceased appears to have committed suicide; that case of applicant is distinguishable from husband of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 26.5.2018.
Learned A.G.A. vehemently opposed prayer of bail and contended that dowry death of deceased has been committed within 10 months of marriage; that soon before her death deceased was being treated with cruelty in connection with non- fulfillment of demand of dowry and her death has taken place due to burn injuries otherwise than under normal circumstances within seven years of marriage and there is presumption of dowry death against applicant under section 113(B) of Indian Evidence Act.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Ram Singh @ Ajay Singh be released on bail in Case Crime No.208 of 2018, under Sections 498-A, 304-B, 201 I.P.C. and 3/4 D.P. Act, P.S. Manjhanpur, District Kaushambi on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2019 Tamang