Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27600 of 2021 Applicant :- Sanjay Dharma Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Yadav,Mahendra Pratap Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri O.P. Singh, learned Senior Counsel assisted by Sri Anurag Yadav, learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned Senior counsel for the applicant that applicant is innocent and he not committed any offence. The marriage of deceased with applicant has taken place on 03.11.2014, i.e. about six years and nine months before the incident and that they were blessed with two children and that during period of about six years and nine months, no complaint was ever made regarding any dowry demand or harassment of deceased. Learned Senior Counsel submitted that in postmortem report of deceased, no injury at all has been shown on the body of deceased and that cause of death could not be ascertained. Even as per viscera report, no poison has been found in the viscera of deceased. Learned Senior counsel submitted that in view of postmortem report and viscera report, the death of deceased cannot be termed as "otherwise than under normal circumstances." It was submitted that in fact deceased was mentally ill and she was under treatment of one doctor Rakesh Batra and that she has died due to heart attack. It has been submitted that the entire facts of the matter show that deceased has not suffered unnatural death and thus, the provisions of Section 304 B IPC are not attracted. It was submitted that the applicant is languishing in jail since 03.12.2020, 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. has opposed the prayer for bail, however, it could not be disputed that in postmortem report of deceased, no injury has been shown on the body of deceased and cause of death could not be ascertained and that as per FSL report, no poison has been found in the viscera.
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 Sanjay Dharma involved in Case Crime No. 0146 of 2020, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, P.S. Khekra, District Baghpat, 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 :- 12.8.2021 A. Tripathi