Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25876 of 2020 Applicant :- Suneel Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Subhash Chandra Yadav, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case on the basis of false facts. No prima facie case is made out against the applicant. What sort of dowry was being made, has not been cleared in the FIR or in the statement recorded under Section 161 Cr.P.C. Deceased committed suicide herself. Applicant never raised any sort of demand of additional dowry from the deceased or her parents. Applicant is languishing in jail since 21.06.2019. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail and argued that deceased was done to death within seven years of her marriage. Death of the deceased is unnatural. There is clear assertion in the FIR regarding demand of dowry.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Suneel Yadav involved in Case Crime No.111 of 2019, under Sections 498-A, 304B IPC and Section 3/4 of D.P. Act, Police Station Singramau, District - Jaunpur be released on bail on furnishing a personal bond and two heavy 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. 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.
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 breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 Ravi/-