Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7656 of 2018 Applicant :- Shambhoo Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Shambhoo in connection with Case Crime No. 441 of 2017 under Sections 498A, 304B, 323, 342 IPC and Section 3/4 Dowry Prohibition Act, P.S. Chiluaatal, District Gorakhpur.
Heard Sri Vijendra Kumar Mishra, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Vivek Dubey, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the brother-in-law (Jeth) as asserted in paragraph no. 14 of the affidavit; that there are general allegations against the entire family with no specific allegation against the applicant; that the deceased suffered burn injuries as a result of an accident by fire in the manner as stated in paragraph no. 11 of the affidavit; that the applicant being the brother-in-law does not stand to benefit from any dowry demand; that the applicant with his nuclear family comprising his wife and children lives away and separately from the deceased's husband and the deceased; and, that the applicant who is a respectable man with no criminal history is in jail since 24.10.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. As such, the applicant is not entitled to bail. However, learned AGA does not dispute the fact that there are general allegations.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased who is the brother-in-law (Jeth) but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Shambhoo involved in Case Crime No. 441 of 2017 under Sections 498A, 304B, 323, 342 IPC and Section 3/4 Dowry Prohibition Act, P.S. Chiluaatal, District Gorakhpur be released on bail on executing a 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 :- 27.2.2018 Deepak