Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8268 of 2019 Applicant :- Ravindra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ravindra Kumar seeking bail in Case Crime No. 956 of 2018, under Sections 498A, 307, 504 IPC and Sections 3/4 D.P. Act, Police Station Kasna, District Gautam Budh Nagar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that present incident has occurred on account of matrimonial discord and the marriage has taken place about five years back.
Learned counsel for the applicant has next submitted that false allegations have been made against the applicant and his family members for demanding dowry and for the non-fulfilment of demand of dowry, the victim is alleged to have been harassed and maltreated. It is further alleged that on 01.11.2018, the applicant along with his parents and three sisters had assaulted the victim, due to which, she has suffered injuries. It is stated that the applicant tried to strangulate the victim by a rope, causing ligature mark on her neck, however, the same has been found to be simple in nature.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 19.12.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 19.12.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Ravindra Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.2.2019 Nadim