Court No. - 51
Case :- CRIMINAL MISC. 3rd BAIL APPLICATION No. - 6299 of 2019 Applicant :- Sumit Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Vindhyachal Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Vindhyachal Singh, learned counsel for the applicant and Sri Satish Kumar Singh, learned AGA appearing for the State.
This third bail application moved on behalf of applicant praying to enlarge him on bail in Case Crime No.318 of 2015, under Sections 498-A, 304-B, IPC, and 3/4 Dowry Prohibition Act, Police Station Qila, District Bareilly.
This is third bail applicant filed on behalf of the applicant namely Sumit Gupta. The first bail two bail applications of the applicant was rejected by this Court on 20.01.2017 and 01.09.2017, respectively.
The contention of the counsel for the applicant is that subsequent to the rejection of the first two bail application of the applicant, the father of the girl has been examined as P.W.-1 and he has denied that he has lodged any such complaint. As per his testimony ^^rgjhj izn'kZ&1 esjs cksyus ij ugha fy[kh x;hA fdlds cksyus ij fy[kh x;h] eq>s ugh irkA** The further contention is that the brother of the deceased has been examined as P.W.-2 and he has been declared hostile, copy of the statement has been annexed on page no.90 of the writ petition. The further contention is that even though it is correct that the applicant is the husband, but he has no role to play the controversy in issued. The wife has committed suicide by taking poison. The applicant is languishing in jail since 16.03.2016, with no previous criminal history.
Learned AGA appearing for the State has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
In view of the aforesaid facts and circumstances and the fact that the applicant is languishing in jail since 16.03.2016 with no previous criminal history, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Sumit Gupta involved in the aforesaid case crime number be released on bail on his 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 26.4.2019 VKG