Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27752 of 2021 Applicant :- Sant Ram And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in case crime No. 130/2020 (S.T. No. 767/2020), under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Trilokpur, District Siddhartha Nagar with the prayer to enlarge the applicants on bail.
It has been argued by learned counsel for the applicants that the accused-applicants are father-in-law and mother-in-law of the deceased respectively and they have not committed any offence. It was submitted that the marriage of deceased with son of applicants was solemnized about two years prior to the incident and that the allegations of dowry demand and harassment of deceased are false and baseless. It was further submitted that though in postmortem report, cause of death of deceased has been shown as strangulation but except that there was no injury on the body of deceased and that applicants have not caused any injury to deceased. Learned counsel has submitted that FIR was lodged against four persons including the applicants and that only general allegations of dowry demand and harassment have been levelled against the applicants and co-accused persons and that no specific role has been assigned to the applicants. It has further been argued that the applicants are in judicial custody since 04.07.2020, having no criminal history and that in case, applicants are enlarged on bail, the applicants will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicants, namely, Sant Ram and Ujarka involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence during trial.
2. The applicants will not pressurize/intimidate the prosecution witnesses.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicants in accordance with law.
Order Date :- 12.8.2021 Anand