Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20724 of 2018 Applicant :- Sudhir Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against three accused persons namely, Sudhir Singh, Satish Singh, Subhas Singh, Ranjana Singh, Seema Singh alleging that the marriage of Soni (deceased) was solemnized with the applicant, they demanded bike and some money as dowry from the deceased for which the deceased was being tortured and beaten by them and on 28.8.2016 they killed Soni. According to postmortem report, cause of death is asphyxia as a result of ante- mortem hanging, doctor opined that it was suicidal death.
It is submitted by learned counsel for the applicant that applicant is the husband. The applicant is innocent and has been falsely implicated in the present case. Applicant was doing private job in Bombey, he was came in his house to attend function in his parental house of deceased, she pressurize to go with him, he denied, she committed suicide. There is general allegations against the applicant. There is no independent witness and eye witness account against the applicant. At the time of incident, he was not present there. Offences levelled against the applicant are not attracted in the present matter. He is languishing in jail since 9.9.2016 (more than one year and eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Sudhir Kumar Singh involved in Case Crime No. 1118 of 2016, under Sections 498-A, 302, 306 IPC and Section 3/4 Dowry Prohibition Act, P.S. Line Bazar, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2018 A. Singh