Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12242 of 2018 Applicant :- Ratnesh Devi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Rahul Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Manoj Kumar Srivastava and Sri Rahul Kumar Pandey, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants-Ratnesh Devi and Lokesh in Case Crime No.974 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Qwarsi, District- Aligarh with the prayer to enlarge them on bail.
The submission of the learned counsel for the applicants is that the applicant no.1 is mother-in-law and applicant no.2 is brother-in-law (Dewar) of the deceased. General allegations have been levelled against them in the F.I.R. There is no dying declaration. It has been contended by learned counsel for the applicant that first informant has unnecessarily implicated all the male and female members of the husband of the deceased. Similarly placed co- accused, Smt. Shesh Kumari, has been granted bail by another Bench of this Court in Criminal Misc. Bail Application No.50688 of 2017 vide order dated 22.12.2017. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 1.8.2017, having no criminal history to their credit, also deserve to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicants-Ratnesh Devi and Lokesh be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 30.4.2018/MN/-