Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16647 of 2021 Applicant :- Sunil Opposite Party :- State of U.P.
Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A.,Rajesh Kumar
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. However, no one has appeared on behalf of the first informant despite calling the case in revised list.
The present bail application has been filed by the applicant in case crime No. 837/2020, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Khurja City, District Bulandshahar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is brother-in-law (Dewar) of deceased and he has not committed any offence. It was submitted that the marriage of deceased with brother of applicant was solemnized about six years prior to the incident and during that period of six years, no complaint was made regarding dowry demand and harassment of deceased. It was further submitted that applicant was residing separately from deceased and her husband and that he has no concern with the matrimonial life of deceased and her husband. It was also submitted that only general allegations of dowry demand and harassment have been levelled against the applicant and co-accused persons and that no specific role has been assigned to the applicant. It was further submitted that the cause of death of deceased is ante-mortem hanging and except ligature mark, no other injury has been shown on the body of deceased. Learned counsel has submitted that similarly placed co-accused Premwati, who is mother-in-law of deceased, has already been enlarged on bail by coordinate Bench of this Court, copy of which has been annexed with the application. It has further been argued that the applicant is in judicial custody since 07.10.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Sunil involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 7.10.2021/Anand