Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48711 of 2018 Applicant :- Ramchandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Vindeshwari Prasad Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated being father in law of the deceased; that the applicant neither made any demand of dowry from deceased nor treated her with cruelty for any fulfillment of dowry; that Naurang, the husband of the deceased, son of applicant was a drunkard and was not on cordial terms with applicant; that the applicant was living separately; that the husband of deceased used to quarrel with deceased and due to the bad habits of his son Naurang, the applicant distributed his property amongst his other sons except Naurang; that there was dispute between husband and wife and the applicant had no motive to strangulate deceased; that the case of the applicant is distinguishable from Naurang, the husband of deceased; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 10.08.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused 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 the applicant Ramchandra be released on bail in Case Crime No. 249 of 2018, under Sections 302 I.P.C., P.S. Said Nagli, District Amroha, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the 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 :- 21.12.2018 Nirmal