Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8589 of 2019 Applicant :- Surendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Arunkumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being brother-in-law (Devar) of deceased; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that as per averments made in FIR marriage of deceased Geeta was solemnized with Rajesh about 7 years ago and since after marriage she was being treated with cruelty for non- fulfilment of demand of Rs.1,00,000/- and motorcycle as dowry and upon being treated with physical cruelty by accused persons, she consumed some insecticide and died during treatment; that in postmortem report cause of death could not be ascertained and as per viscera report at Annexure-3, Almunium Phosphide poison was found in parts of her viscera; that applicant may not be beneficiary of Rs.1,00,000/- and motorcycle allegedly demanded, as dowry; that applicant was living separately; that following dispute between husband and wife, deceased appears to have committed suicide; that case of applicant is distinguishable with husband of deceased; that co- accused Khaderu (father-in-law), Dulari (mother-in-law) and Ilaychi (Jethani) have been granted bail by this Court vide orders dated 19.12.2018 & 27.2.2019 passed in Criminal Misc. Bail Application Nos. 41752 of 2018, 8538 of 2019 & 8584 of 2019 respectively, copy filed at Annexure-10; that applicant has no criminal history; that applicant undertakes that he will not make misuse the liberty of bail; that applicant is in custody since 11.8.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Surendra Kumar be released on bail in Case Crime No. 84 of 2018, under Sections 306, 498-A, I.P.C. and Section 3/4 D.P. Act, P.S. Uska Bazar, District Siddharth Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Kpy