Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7980 of 2019 Applicant :- Satyapal Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri M.L. Maurya, Advocate on behalf of first informant today in the Court, is taken on record.
Heard Sri Manish Tiwary, learned counsel for applicant, Sri Santosh Kumar Singh, Advocate holding brief of Sri M.L. Maurya, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant has been falsely implicated for committing dowry death of his wife; that as per averments made in F.I.R. lodged by Ramesh Chandra on 13.10.2018 under sections 323, 326, 498-A IPC and 3/4 D.P. Act, his daughter Neetu was married to applicant on 25.4.2015, who was being treated with cruelty by her husband and in-laws for non fulfilment of demand of dowry and on 12.10.2018, applicant informed him that due to burst of gas cylinder, Neetu has sustained burn injuries and when he reached hospital, his daughter told him that her mother-in-law and dewar poured kerosene on her and put her on fire; that no specific role has been assigned to applicant regarding demand of dowry or treating the deceased with cruelty for non- fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant immediately taken his wife to hospital where her dying declaration was recorded between 5:45 p.m. to 5:50 p.m. in presence of A.S.D.M., copy at Annexure No.3, wherein she stated that she was put to fire by her mother-in-law and dewar at about 10:00 a.m., who snatched her son and she was taken to hospital by her husband; that subsequently on 18.10.2018 in her statement under section 161 Cr.P.C., collective role of beating has been assigned to all, but still no specific role of beating or putting her to burn injuries, was assigned to applicant by deceased; that case of applicant is distinguishable from co-accused Smt. Vimla Devi, mother-in-law and Shyamu, dewar of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 26.10.2018.
Learned counsel for first informant made no arguments.
Learned A.G.A. vehemently opposed the prayer of bail and contended that though deceased has not assigned any role to applicant in her dying declaration, but has assigned him role along with other co-accused in her statement under section 161 Cr.P.C. recorded on 18.10.2018.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Satyapal be released on bail in Case Crime No.489 of 2018, under Sections 498-A, 304-B, 323 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Barsana, District Mathura on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
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.
Order Date :- 26.2.2019 Tamang