Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2009 of 2020 Applicant :- Udaiveer Opposite Party :- State of U.P.
Counsel for Applicant :- Saurabh Yadav,Bharat Singh,Tripurari Pal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. It was submitted that the allegations of dowry demand and harassment of deceased, are false and baseless. Learned counsel has submitted that in fact the marriage of deceased with applicant has taken place more than seven years prior to the incident and that after five years of marriage a child was born to them, who is aged about three years and six months, and that prosecution version that the marriage has taken place about three and a half years back, is false and baseless. It has been submitted that in fact deceased was a lady of high temperament and often she used to quarrel with applicant and that being angry due to such minor incident, she has committed suicide. In postmortem report of deceased, except ligature mark, no injury has been shown on the body of deceased and that cause of death has been stated asphyxia due to ante-mortem hanging, which also suggests that deceased has committed suicide. After death of deceased, informant and his family members were informed and that inquest proceedings and cremation of deceased was done in presence of both the family members. Learned counsel has submitted that statement of P.W.-1 Rajeshwar, who is father of deceased has already been recorded and he has not supported the prosecution version and was declared hostile. Learned counsel has submitted that similarly statements of P.W.-2 Satish Singh, P.W.-3 Aram Singh and P.W.-4 Suraj Singh have also been recorded and they have also not supported the prosecution version and were declared hostile. It was submitted that applicant is languishing in jail since last two years and seven months and that the material witnesses have already been examined and they have not supported the prosecution version and that applicant has to take care of his three and a half years old child. Lastly, it was submitted that the applicant is languishing in jail since 17.05.2019 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is husband of deceased. However, it could not be disputed that in the post-mortem report, except ligature mark, no injury has been shown on the body of deceased and that cause of death was shown asphyxia due to ante-mortem hanging and that material witnesses have already been examined and they have not supported the prosecution version.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Udaiveer involved in Case Crime No.307 of 2018, under Section 498-A, 304-B IPC and 3/4 D.P. Act, P.S. Kadar Chauk, District Buduan, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 19.8.2021 Neeraj