Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34897 of 2021 Applicant :- Ravikant Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Mithilesh Kumar Gupta Counsel for Opposite Party :- G.A.,Pradeep Kumar Rai
Hon'ble Raj Beer Singh,J.
Heard Sri Mithilesh Kumar Gupta, learned counsel for the applicant, Sri Pradeep Kumar Rai, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is brother-in-law (jeth) of deceased and he has not committed any offence. The marriage of deceased with brother of applicant has taken place on 22.02.2016 and that only general allegations have been made against the four accused persons including the applicant. It was submitted that though, the cause of death has been shown asphyxia as a result of ante- mortem throttling but applicant has nothing to do with the matrimonial life of deceased and her husband and that applicant along with his wife was residing separately from deceased and her husband. It has been further submitted that no specific role has been assigned to applicant. It has been further submitted that similarly placed co-accused Salta Devi, who is sister-in-law of deceased, has already been granted bail by co-ordinate Bench of this Court vide order dated 04.03.2020, passed in Criminal Misc. Bail Application No. 10125 of 2020. Lastly, it was submitted that the applicant is languishing in jail since 05.08.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in the first information report.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ravikant Yadav involved in Case Crime No.
155 of 2019, under Sections 498-A, 304-B, 506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Karanda, District Ghazipur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 24.9.2021 A. Tripathi