Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20284 of 2018 Applicant :- Suneel Opposite Party :- State Of U.P.
Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for State.
It is contended by learned counsel for the applicant that the applicant is the brother-in-law (Devar) of the deceased, who has been falsely implicated in the present case on general allegations. It is further contended that the implication of the applicant is false and is against the settled principles of law as laid down in the matter of Geeta Mehrotra and another Vs. State of U.P. and another reported in 2012 (10) SCC 741. Learned counsel further contends that there is no conclusion of the trial in near future and that the applicant is neither a previous convict nor he has any previous criminal history and that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 04.04.2018. Learned counsel further contends that the similarly situated co-accused namely Prem Singh has been granted bail by another Bench of this Court vide order dated 22.12.2017 passed in Criminal Misc. Bail Application No. 50712 of 2017, copy of which order is annexed as Annexure-7 to the affidavit accompanying the bail application.
Learned A.G.A. has opposed the bail prayer of the applicant.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Suneel, involved in Case Crime No.129 of 2017, under Section 498A, 304-B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Barhan, District Agra, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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 leave the district without permission from the concerned Court below.
In case of breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 29.5.2018/S.Ali