Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54390 of 2021 Applicant :- Ram Preet Opposite Party :- State of U.P.
Counsel for Applicant :- Bharat Pratap Singh,Shivam Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is the father-in-law of the deceased. He has no concern with the present matter. No specific role has been assigned to the applicant. A general role has been assigned in the F.I.R. Neither he raised any demand of dowry at any point of time nor was deceased subjected to cruelty or harassment by him. She committed suicide herself. Merely because the applicant is family member of the husband of the deceased, he has been roped in falsely in this case by the informant. Cause of death is asphyxia due to antemortem injury. It is further submitted that in similar circumstances, co-accused Barsati Devi, the mother-in-law of the deceased, has been granted bail by coordinate Bench of this Court vide order dated 3.12.2021 passed in criminal misc. bail application no.38509 of 2021. The applicant has no criminal history. He is languishing in jail since 22.7.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, statement of witnesses, the fact that co- accused has already been enlarged on bail 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 Preet involved in Case Crime No.176 of 2021 under Sections 498-A, 306 IPC and 3/4 Dowry Prohibition Act, Police Station Campierganj, District - Gorakhpur 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. 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.
4. 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.
Order Date :- 22.12.2021 ss