Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13039 of 2019 Applicant :- Santosh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Salman Ahmad has put his parcha on behalf of applicant and the same is taken on record.
Heard Sri Salman Ahmad, learned counsel for the applicant and Sri Rahul Srivastava, learned brief holder for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 85 of 2018 under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Dakor, District Jalaun.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; as per F.I.R., there is no specific allegation made against the accused who is father-in-law of the deceased; only general allegation have been made against all the family members of the husband of the deceased, Sandeep. It is further stated by learned counsel for the applicant that due to some quarrel which happened between husband and wife, deceased committed suicide by burning herself; there is no dying declaration available on record; the accused applicant is in jail since 18.12.2018; the case of the present applicant is distinguishable from the husband of victim; co-accused, Smt. Durgawati @ Erachwali has been granted bail by coordinate Bench of this Court vide judgement and order dated 02.05.2019 in Criminal Misc. Bail Application No. 18646 of 2019, hence the present applicant should also be released on bail on ground of parity; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer of bail and pointed out that deceased died due to 98% burn injuries as per post-mortem report;
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Santosh Kumar 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 by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above 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.
Order Date :- 29.5.2019 A. Mandhani