Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17048 of 2019 Applicant :- Satpal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Satpal Singh, in Case Crime No.776 of 2001, under Sections 498-A, 323, 504, 506 and 406, IPC, and Section 3/4 Dowry Prohibition Act, Police Station Hariparvat, District Agra.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State and Sri Kuldeep Singh Chahar, learned counsel appearing for the complainant.
The submission of the learned counsel for the applicant is that the dispute between parties is essentially the result of a matrimonial discord where the applicant is the husband. He along with all his family members have been roped in the present crime at the instance of the wife to exert oblique pressure upon the husband and his family to settle what are essentially matrimonial issues between parties under threat of this criminal prosecution. He submits that so far the applicant is concerned or the other family members, they have not acted in any way that may amount to any kind of cruelty. There has been no demand of dowry on his part and allegations have been brought to browbeat the applicant by abuse of process. So far as the allegation under Section 315 IPC is concerned, the applicant has not been summoned in connection with the said offence and that is there against the mother-in-law. It is also pointed out that the FIR is of the year 2001 and the marriage is of the year 1999.
The parties stayed together for some while and then separated. It is also urged by learned counsel for the applicant that there was compromise at some stage and parties came together but again broke up. In the present case also a final report has been submitted twice. The applicant has been summoned on a protest by the wife.
Sri Chahar learned counsel appearing for the complainant has vehemently opposed the plea for bail and has been joined in that effort by Sri Indrajeet Singh Yadav, learned AGA.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the dispute is essentially matrimonial in nature between an estranged husband and wife, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Satpal Singh, in Case Crime No.776 of 2001, under Sections 498-A, 323, 504, 506 and 406, IPC, and Section 3/4 Dowry Prohibition Act, Police Station Hariparvat, District Agra. be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 30.4.2019 NSC