Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31751 of 2018 Applicant :- Santosh Nishad Opposite Party :- State Of U.P. Counsel for Applicant :- Akhil Ranjan Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The applicant Santosh Nishad seeks bail in Case Crime No. 505 of 2017, under Sections 498A, 304B I.P.C. & 3/4 D.P. Act, Police Station-Belipar, District- Gorakhpur.
Learned counsel for the applicant submitted that applicant is father-in-law of the deceased, who has been falsely implicated in this matter. It is further contended that applicant was living separately with his wife in the same house and at the time of incident, he was admitted his wife in hospital from 10.12.2012 to 17.12.2012, the medical papers have been annexed as Annexure No. 6 to the affidavit accompanying the bail application. It is next contended that even wife of the applicant has been named in the F.I.R. It is next contended that the alleged criminal history of five cases of the applicant has explained in the paragraph 19 to the affidavit filed in support of the bail application. It is next contended that father-in-law is not being a beneficiary of the demand of dowry. It is further submitted that no ante-mortem injury was found by doctor in postmortem report. It is further contended that the main role has been assigned to the husband of the deceased. It is lastly submitted that the applicant is in jail since 19.04.2018 and the applicant has no any criminal antecedents except the present one. Hence the applicant is entitled for bail.
On the other hand learned A.G.A. opposed the prayer for grant of bail to the applicant.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let the applicant Santosh Nishad involved in Case Crime No. 505 of 2017, under Sections 498A, 304B I.P.C. & 3/4 D.P. Act, Police Station-Belipar, District-Gorakhpur, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
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 :- 21.8.2018 M/A.