Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23196 of 2019 Applicant :- Satya Prakash Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in Case Crime No.325 of 2016, under Sections 498-A, 304-B I.P.C & Section ¾ Dowry Prohibition Act, Police Station Bahjoi, District Sambhal, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that applicant is father-in-law of the deceased Kanchan. FIR has been lodged against the accused persons namely Sandeep Sharma (husband of the deceased), Omwati @ Chhammo Sharma (mother-in-law of the deceased) and Satya Prakash Sharma (father-in-law of the deceased). Further submission is that co-accused Omwati @ Chhammo Sharma (mother-in-law of the deceased) has been granted bail by the coordinate Bench of this Court vide order dated 18.10.2016 in Criminal Misc. Bail application No.35437 of 2016. It is also submitted that case of the present applicant is similar to the co-accused Omwati @ Chhammo Sharma, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 15.05.2019.
Per contra, learned AGA opposed the prayer for bail but did not dispute the bail order dated 18.10.2016 of co-accused Omwati @ Chhammo Sharma.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Satya Prakash Sharma, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not indulge in any unlawful activities.
iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 3.6.2019 SKD