Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7739 of 2018 Applicant :- Ritesh Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Ritesh Mishra in Case Crime No.200 of 2017, under Sections 498A, 304B, 120B I.P.C. and 3/4 D.P. Act, P.S. Mail, District Deoria.
Heard Sri Sunil Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Kulvir Singh appearing for the State.
The submission of the learned counsel for the applicant is that he is the brother-in-law (Devar); that it is submitted that it is a case of an accident by fire while cooking as asserted in paragraph 22 of the affidavit; that there are general allegations with no specific role being assigned to the applicant; that the applicant does not stand to benefit from any dowry demand or infliction of any cruelty on the deceased; that in any case there has been no demand of dowry or cruelty immediately preceding the occurrence so as to attract the provisions of Section 304B IPC; and, that the applicant is a respectable man with no criminal history who is in jail since 03.10.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand. However, he does not dispute the fact that there are general allegations against the applicant.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the relationship of the applicant to the deceased who is the brother-in-law but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ritesh Mishra involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.2.2018 Shahroz