Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11093 of 2018 Applicant :- Rama Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri M.J. Akhtar, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA alongwith Sri Vivek Dubey appearing on behalf of the State.
This is an application for bail on behalf of Rama Gupta in Case Crime No. 270 of 2017, under Sections 498A, 304B, 120B IPC and 3/4 of D.P. Act, P.S. Khadda, District Kushinagar.
The submission of the learned counsel for the applicant is that he is the father-in-law; that there are general allegation against him; that no dying declaration of the deceased was recorded; that however it has come on record that the deceased has told the S.H.O. P.S. Khadda, District Kushinagar who had arrived early on the scene of occurrence that she suffered burn injuries on account of an accident by fire with no complicity of the in- laws; that it is specifically asserted that the deceased suffered burn injuries while warming milk for her one year old son; that applicant is an ageing man of 65 years, who cannot be expected to participate in a crime of the nature alleged; that it is further submitted that under identical circumstances the mother-in-law has been admitted to the concession of bail by this Court vide order dated 19.02.2018 in Criminal Misc. Bail Application No. 5854 of 2018; and that the applicant is a law abiding citizen with no criminal history, who is in jail since 28.10.2017.
Learned AGA on the other hand has argued that though the case of the applicant is that there are general allegation against him but a perusal of the FIR shows that allegations are specific to all family members including the applicant and the applicant being the father-in-law is not entitled to bail. Learned AGA does not dispute the fact of parity.
The learned counsel for the applicant in a limited rejoinder to the submission of the learned AGA has said that there is nothing on record to show as to how those allegations in the FIR that are made to look specific have been made there being nothing on record as to how the informant could secure knowledge of the details of the manner of assault which is nothing more than a figment of the informant's imagination.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the evidence appearing in the case but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Rama Gupta involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.3.2018 S. Thakur