Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18155 of 2019 Applicant :- Ramveer And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Brijesh Kumar Srivastava, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged 29.7.2018 (after four days of incident) by the informant against four accused persons namely, Narayan Singh (husband), Ramveer Singh (father-in-law), Suman (mother-in-law) and Satyaveer Singh alleging that the marriage of deceased Nisha was solemnized with Narayan Singh on 11.5.2009, they demanded dowry as motorcycle from the deceased for which the deceased was being tortured by them and on 25.7.2018 they killed her by administering poison. According to postmortem report, cause of death could not be ascertained, viscera was preserved and according to F.S.L. report, aluminium phosphate was found in the body of deceased.
It is submitted by learned counsel for the applicants that applicant on 1 is father-in-law of deceased and applicant no. 2 is brother-in-law (devar) of deceased. The applicants are innocent and have been falsely implicated in the present case. There is general allegations against the applicants. There is no independent witness and no legal evidence against the applicants. Offences levelled against the applicants are not attracted in the present matter. They have no concern with the demand of dowry and they are not beneficiary of the same. Applicants have no concern with deceased and her husband. They are living separately. Deceased has committed suicide herself. They are languishing in jail since 28.2.2019 (more than two months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Ramveer and Satyveer involved in Case Crime No. 464 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Sasni, District Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.4.2019 A. Singh