Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40451 of 2020 Applicant :- Sunil Kumar @ Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Awadhesh Kumar Mishra,Pawan Giri Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Pawan Giri, learned counsel for the applicant and Shri Ankit Srivastava, 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 - Sunil Kumar @ Sonu with a prayer to release him on bail in Case Crime No. - 56 of 2020, under Sections - 304B, 498A, 323 IPC and Section 3/4 D.P. Act, Police Station - Khorabar, District - Gorakhpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:-
(i) against FIR lodged on 29.2.2020, the applicant is in confinement since 14.3.2020;
(ii) the applicant claims to have cooperated in the investigation;
(iii) the applicant has no criminal history;
(iv) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, though the FIR allegations were supported during investigation, at the same time, there were not eye-witnesses and the FIR was lodged on pure suspicion and conjectures. At the trial, father of the deceased/first informant/Jag Newas (PW-1); PW-2 Sushila Devi (mother of the deceased); PW-3 Ram Newas (brother of the informant) and; PW-4 Sameer Yadav (brother of the deceased) have all turned hostile. They have denied demand of dowry or any cruelty practiced on the deceased since her marriage, they have stated that the deceased was well taken care of at her matrimonial home and the occurrence was incidental.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
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 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.
Order Date :- 17.12.2021 Prakhar