Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15015 of 2018 Applicant :- Shyam Avtar @ Balakdas Opposite Party :- State Of U.P. Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sujan Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Shyam Avtar @ Balakdas in Case Crime No.116 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Kheragarh, District-Agra with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is wholly innocent and has been falsely implicated in the present case by the first informant. The marriage of the daughter of informant was solemnized with the applicant on 30.4.2012 and the incident in which the deceased committed suicide took place on 18.6.2017. It is stated that the applicant had purchased some golden ornaments for the deceased which she had taken to her parental home and was not getting back and for this reason on several occasions bickering and altercation used to take place between them. The deceased committed suicide by hanging. No other ante mortem injury, except ligature mark, has been noted in the post mortem report. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 3.10.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Shyam Avtar @ Balakdas be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.4.2018/MN/-