Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8544 of 2019 Applicant :- Sanjay Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Dilip Singh Counsel for Opposite Party :- G.A
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated in F.I.R. lodged with inordinate delay of more than 3 months through application under Section 156(3) Cr.P.C. moved after a period of about one month of incident with false and concocted story upon deliberations; that as per averments made in F.I.R. lodged on application under Section 156(3) Cr.P.C. dated 4.7.2018, marriage of Shalini, daughter of first informant was solemnized with applicant on 25.4.2018 and since after marriage she was being treated with cruelty for non-fulfilment of demand of Rs.10 Lacs or four wheeler as dowry and on 21.5.2018 first informant when went to meet his daughter and found her under apprehension he fetched her to her Maika and despite complaint in Police Station no action was taken and on 6.6.2018 applicant came to his Sasural and repeated his demand of four wheeler and next day morning when first informant had gone to attend call of nature in Jungle at about 8:30 a.m. he made a quarrel with demand of Car and after pouring kerosene on Shalini put her on fire resulting in her death; that entire prosecution story is absolutely false and concocted; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that statements of first informant and his family members are in contradiction to statements of Salim and Shahjahan, the alleged eye witnesses; that real fact is that on 6.6.2018 there was a birthday function regarding birthday of nephew of deceased in which applicant was also invited but he left the same day and was not present in his Sasural in the morning of 7.6.2018; that applicant neither poured kerosene on his wife nor put her on fire in his Sasural; that presumption of dowry death under Section 113(B) of Indian Evidence Act is not applicable against applicant in view of death of deceased in her Maika; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 27.11.2018.
Learned A.G.A. vehemently opposed prayer of bail and contended that applicant is very influential person and despite no dying declaration given by deceased he got published a false dying declaration of deceased in local news papers to the effect that deceased sustained accidental burn injuries; that mere for the reason that incident did take place in Maika of deceased, applicant may not be exonerated as his presence at the time of incident at place of occurrence in his Sasural, may not be disputed, as he also admits that he had come to his Sasural on 6.6.2018 and it is wrong to say that he returned back to his residence in district Raebareilly from district Fatehpur at a distance of 102 Kms. after birthday function which continued till late night; that dowry death of wife has been committed by applicant in pre-planned and brutal manner, within 2 months of marriage for non-fulfilment of demand of dowry by pouring kerosene on deceased and putting her to fire in her Mayka and he is also liable for offence punishable under Section 302 I.P.C.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Sanjay Gupta be released on bail in Case Crime No.170 of 2018, under Sections 302, 323, 504, 506, 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, P.S. Khakhararu, District Fatehpur, on furnishing a personal bond and two heavy sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.2.2019/Kpy