Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41150 of 2017 Applicant :- Sunil Opposite Party :- State Of U.P.
Counsel for Applicant :- Ranjeet Singh,Bipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard learned counsel for applicant and learned A.G.A. for respondents.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 239 of 2017, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station Mangalpur, District Kanpur Dehat.
3. It is contended that though the applicant is husband but he was not present when her wife died due to burn injuries. He was employed in a Private Company at Banswara (Rajasthan) and his employer has verified his presence on the date of incident at Banswara, therefore, the applicant has been falsely implicated in the present case. It is also contended that applicant has no criminal history and there are no chances of fleeing away of applicant from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 25.06.2017 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Sunil, involved in Case Crime No. 239 of 2017, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station Mangalpur, District Kanpur Dehat be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 22.8.2019 AK