Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31822 of 2020 Applicant :- Shriram Opposite Party :- State of U.P.
Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.,Chandra Prakash Garg,Tarun Kumar Tripathi
Hon'ble Om Prakash-VII,J.
Heard Sri Zafar Abbas, learned counsel for the applicant, Sri Tarun Kumar Tripathi, learned Advocate appearing for the informant and learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that applicant is husband of the deceased but entire allegation levelled in the FIR are false. Referring to the first treatment report prepared at District Hospital, Fatehpur it was next contended that applicant himself has taken the deceased to the hospital for treatment. Had he been involved in committing the present offence, applicant himself would have not taken the deceased to the hospital for treatment. At this juncture learned counsel also referred to the post mortem report and further argued that face and head of the deceased was not found burnt, this fact itself shows that deceased caught fire when she was preparing the food which is also clear from the site plan prepared in the matter. Referring to the entire evidence collected during investigation it was further argued that FIR in the matter was also lodged as an afterthought. No such demand was ever made on the part of the applicant nor deceased was subjected to cruelty or harassment in connection with the said demand. Applicant is in jail since 2810.2019 having no criminal antecedent.
On the other hand, learned AGA opposed the prayer and argued that deceased was done to death within five months of the marriage. All the ingredients to attract the offence under Section 304-B IPC are attracted. Referring to the post mortem report it was also argued that smell of kerosene oil was found on the body of the deceased at the time of post mortem. This fact itself shows that deceased was done to death by pouring kerosene oil on her body.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shriram involved in Case Crime No. 271 of 2019, under Sections 498-A, 304-B I.P.C. and Section 3/ 4 D. P. Act, P.S. Ghazipur, District Fatehpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 5.4.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.04.05 13:45:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad