Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15253 of 2018 Applicant :- Sandeep @ Chhote Opposite Party :- State Of U.P.
Counsel for Applicant :- Kavita Tomar,Jai Raj Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jai Raj Singh Tomar, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 385 of 2016, u/s 498A, 304B IPC and 3/4 D.P. Act, P.S. Mangalpur, District Kanpur Dehat with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that he is wholly innocent and the first informant in the belated F.I.R. has nominated the applicant and his family members on false allegation of demand of dowry. It is contended that the applicant and elder brother used to sell vegetable as vendor in Ghaziabad and sister-in-law (Jethani) was also living along with her husband at Ghaziabad; that the deceased insisted upon the applicant to live at Ghaziabad as she never wanted to live in the village on account of which she set herself on fire and committed suicide; that on the same day i.e. on 27.7.2016 the deceased was admitted by Mama of the applicant namely Deya Shankar which is reflected from the medical report, however the deceased died on the same night at about 11.40 pm on account of burn injuries. He further submitted that the first informant has admitted that the applicant along with his brother had reached at the hospital and the F.I.R. has been lodged after cremation of the deceased. He further contended that real brother of the first informant is also witness of the inquest held on 28.7.2016 at 12.40 pm and the same was concluded at 1.30 pm. However, the F.I.R. was lodged for extraneous reason on 29.7.2016 at 6.05 pm after deliberation. The applicant is in jail since 2.9.2016.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sandeep @ Chhote involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.4.2018 Dhirendra/