Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51627 of 2019 Applicant :- Ram Vakil Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Sanehi Yadav,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Parmod Kumar Dwivedi, Advocate has filed vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is cousin father-in-law of the deceased. The FIR of the alleged incident was lodged against nine person including the applicant making general allegation. No specific role has been assigned to the applicant. The applicant is not a beneficiary of the alleged demand of dowry. The applicant has no concern with the alleged incident. The applicant has falsely been implicated in the present case. At the time of the alleged incident the applicant was living separate from the deceased and her husband. As per postmortem report the cause of death of the deceased could not be ascertained therefore the viscera was preserved. In viscera report no poison has been found to the deceased. The case of the applicant is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicant and is in jail since 7.7.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the deceased died an unnatural death within three years of her marriage. The applicant and other co-accused were cremating the body of the deceased and on information on 100 dial the dead body of the deceased was recovered and thereafter the inquest and postmortem were conducted, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ram Vakil involved in Case Crime No. 118 of 2019, under Sections 498A, 304B, 201, 323 IPC and 3/4 D.P. Act, P.S. Hasayan, District Hathras be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019/A.