Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38784 of 2017 Applicant :- Santosh Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamla Singh,Vijay Shanker Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Smt. Kamla Singh & Sri Vijay Shanker Singh, learned counsels for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.1480 of 2015, under Sections 498-A, 304-B, 328, 120B IPC and 3/4 of Dowry Prohibition Act, Police Station Kotwali-Padrauna, District Kushi Nagar, with the prayer to release him on bail.
It has been argued by learned counsel for the applicant that the applicant is the husband of the deceased and is wholly innocent. Prosecution case of demand of Rs. five lakhs by the applicant and his family members is absolutely false and concocted. It is next contended that in fact, the applicant and the first informant both belongs to labour class and there was no occasion for the applicant to demand Rs. five lakhs from the first informant. It is next contended that the deceased wanted to live separately from her matrimonial home along with the husband in Padrauna, on account of which she consumed some poisonous substance. The applicant immediately got her admitted in the Hospital at 6.45 A.M. on 24.10.2015. However, she died after sometime at 9 A.M. The information was given to the first informant about the incident, the first informant along with his brother and other co-villagers reached at the Hospital and they are witnesses of inquest and inquest was conducted on 24.10.2015 at 10.30 A.M. The name of informant appears at serial no.5 in the list of Panch witnesses and his brother at serial no.4. It is argued that no complaint was made by the first informant at the time of inquest to the Police regarding demand of dowry etc. The first information report was lodged about twenty days of the death of the deceased on 13.11.2015. The applicant has not offered any reason or explanation for the delay in lodging the report. Lastly, it is contended that the applicant is languishing in jail since 13.12.2015.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Santosh Kushwaha, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.4.2018 Hasnain