Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26419 of 2018 Applicant :- Ramu Kewat Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Ramu Kewat with a prayer to release him on bail in Case Crime No.189 of 2015, under Sections 498- A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Chaok, District- Maharajganj, during pendency of trial.
It is argued by the learned counsel for the applicant that deceased committed suicide by consuming poison. From the post mortem report, no other injury evidencing violence was found on the body of the deceased. Learned counsel for the applicant has submitted that marriage of the deceased with the applicant took place in the year 2008 and she died in the year 2014. For the last six years, she was not at all harmed, nor there is any other evidence on record to support the allegation that the death was caused due to demand of dowry. He has further submitted that the victim was short tempered and consumed poison on account of some domestic dispute. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 04.3.2016. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial court is directed to conclude the trial in the aforesaid case, within a period of one year, from the date of production of certified copy of this order.
Order Date :- 26.8.2019 Ruchi Agrahari