Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56834 of 2019 Applicant :- Sumit Opposite Party :- State Of U.P Counsel for Applicant :- Ranvijay Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ranvijay Chaubey, learned counsel for the applicant; Sri Veer Singh, learned counsel for the informant (upon appearance filed today) as well as Sri Sanjay Kumar Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Sumit with a prayer to release him on bail in Case Crime No. - 984 of 2019, under Sections - 498A, 313, 323, 316, 504, 325 and 506 IPC and Section 3/4 D.P.
Act, Police Station - Kotwali City, District - Bijnor, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of demand of dowry causing miscarriage without woman's consent and other charges, punishable with imprisonment upto life;
(ii) against FIR lodged on 19.10.2019, the applicant is in confinement since 19.11.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the real dispute between the parties is matrimonial discord which has been given the colour of present criminal prosecution. Then, it has been submitted, the FIR did not make any allegation of offence under Section 313 Cr.P.C. but that allegation came to be made during the course of investigation. In any case, medical evidence does not appear to suggest such occurrence, inasmuch as, no injury was found on the victim;
(vii) The bail application of the applicant has been vehemently opposed by learned AGA and learned counsel for the informant.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
7. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 19.12.2019 Prakhar