Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21519 of 2018 Applicant :- Suresh Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Abhinav Upadhyay, learned Advocate appearing for the State.
This is a second bail application on behalf of the applicant, Suresh Chandra in Case Crime No.119 of 2017, under Sections 498A, 304B IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Mujriya, District Badaun.
The first bail application being Criminal Misc. Bail Application no.26631 of 2017 was rejected by this Court vide order dated 02.02.2018.
The submission of the learned counsel for the applicant is that the fresh grounds on which the present second bail application is being pressed is the fact that on general allegation against the entire family including the applicant, mother-in-law, who is similarly circumstanced as the applicant and in fact closer to whatever is going on in her household has been admitted to bail by this Court vide order dated 27.03.2018 subsequent to the rejection of the applicant's first bail application. The order dated 27.03.2018 has been passed in Criminal Misc. Bail Application no.23075 of 2017.
Learned A.G.A. has opposed the bail plea on the submission that the applicant has been denied bail on the ground that he is head of the family and death is as a result of gunshot.
However, a perusal of the facts and circumstances on record including the nature of allegations and the evidence appearing, there is no particular or specific allegation against the applicant that may make the case of the applicant distinguishable from that of the mother-in-law.
It is further argued that the applicant an elderly man aged 61 years now and is in jail since 21.04.2017, a period of about one and half years by now, and, as such, is entitled to bail on the ground of parity.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of offence, the severity of the punishment, the relationship of the applicant to the deceased besides allegations of general nature against all the family members, in particular the consideration of parity with the case of the mother-in-law but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant, Suresh Chandra, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate Budaun with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
It is, however, made clear that this order will not enure to the benefit of a plea for bail on behalf of the husband.
Order Date :- 23.8.2018 Anoop/ Shahroz