Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33676 of 2013 Applicant :- Satendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- Govt. Advocate Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf on applicant. Learned A.G.A. is present for State. However, I myself have perused the record.
2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.337 of 2012, under Sections 304 B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Chhaprauli, District-Baghpat.
3. It is stated in the affidavit accompanying bail application that applicant is innocent and he has been falsely implicated. Applicant is husband of deceased and has informed about the incident of sustaining gun shot injury by deceased to complainant and he himself got her admitted in hospital. Applicant has no criminal history. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 19.12.2012 and trial is still going on. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Satendra, involved in Case Crime No.337 of 2012, under Sections 304 B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Chhaprauli, District-Baghpat be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 28.1.2019
Manish Himwan