Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26107 of 2020 Applicant :- Rohit Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Yadav,Jai Prakash Prasad Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Rohit Kumar, who is involved in S.T. No. 1221 of 2019 case crime no. 367 of 2019, of 2020 under Sections 498A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station- Bhopa, District- Muzaffar Nagar.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated only being husband of the deceased; that the applicant neither made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him; that during course of examination and examination-in-chief, P.W-1 first informant namely Birampal and his wife P.W-2 Smt. Kaushal, father and mother of the deceased and one witness namely Dharmendra P.W.-3 given statements before learned Court below that the applicant and others neither torture to his daughter for demand of additional dowry nor kill to her by burn injury, moreover, the death of Archana @ Guddi was caused by a sudden fire while cooking, copy of their statements during examination and examination-in-chief are being filed collectively at annexure-7, 8 and 9 along with the affidavit filed in support of the bail application. It is lastly contended that the accused applicant is languishing in jail since 13.8.2019 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 6.1.2021 Fhd.
Digitally signed by Justice Umesh Kumar Date: 2021.01.07 14:16:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad