Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11039 of 2018 Applicant :- Shyambabu Alias Harishchandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheikh Moazzam Inam,Jasvant Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Sheikh Moazzam Inam, learned counsel for the applicant and Sri S.A.S. Abidi, learned AGA along with Sri Vivek Dubey, appearing for the State.
This is an application for bail on behalf of Shyambabu Alias Harishchandra in Case Crime No. 192 of 2017, under Sections 498A, 304B, 323, 201 IPC and 3/4 of D.P. Act, P.S. Vaidpura, District Etawah.
The submission of the learned counsel for the applicant is that the applicant is the father-in-law; that there is general allegation against the applicant; that applicant is an old man of 66 years; that the applicant lives separately of the deceased and her husband as said in paragraph 10 of the affidavit; that the victim died as a result of electric shock as said in the FIR; that cremation was done with the consent and in the presence of the entire family of the deceased as specifically asserted in paragraph 14 of the affidavit; that in the submission of the learned counsel for the applicant is that the mother-in-law identically circumstances has been admitted to the concession of bail by this Court vide order dated 14.03.2018 passed in Criminal Misc. Bail Application No. 9545 of 2018; and that the applicant is a respectable man with no criminal history who is in jail in connection with instant crime since 05.02.2018.
Learned AGA has opposed the plea for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. He, however, does not dispute the fact that allegations are general in nature and the fact of parity.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of the punishment, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Shyambabu Alias Harishchandra involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
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.
4. 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.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.3.2018 S. Thakur