Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28273 of 2019 Applicant :- Sunil Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Vipul Shukla,Om Narayan Pandey,Radhey Shyam Shukla,Sudhakar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Om Narayan Pandey, learned counsel for the applicant; Sri Nagendra Kumar 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 with a prayer to release him on bail in Case Crime No. - 412 of 2018, under Sections - 498A and 304- B I.P.C. and Section 3/4 D.P. Act, Police Station - Roza District - Shahjahanpur, during pendency of trial.
3. Learned counsel for the applicant specifically states that no evidence has been received at the trial till now. In such circumstances, present bail application has been taken up for consideration on merits.
4. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 04.9.2018, the applicant is in confinement since 07.12.2018.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) the applicant has no criminal history.
(iv) chargesheet has already been submitted but the trial has remained pending for almost three years. Therefore, 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 that the applicant has been falsely implicated; the allegations are wholly improbable inasmuch as undisputedly the marriage between the parties took place barely three months prior to the occurrence; there is no earlier complaint with respect to demand of dowry or cruelty practised by the applicant; even the allegation of physical violence is wholly unfounded inasmuch as no ante mortem injuries have been noted in the post mortem report; the deceased died by consuming poison for reasons other than matrimonial discord; in any case there is no allegation of any positive act committed by the applicant as may have provoked the deceased to commit suicide.
(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.
5. 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.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2021 Faraz