Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14855 of 2021 Applicant :- Udal Singh @ Satish Opposite Party :- State of U.P. Counsel for Applicant :- Avijit Saxena Counsel for Opposite Party :- G.A.,Rajesh Kumar Pandey
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Udal Singh @ Satish, in Case Crime No. 341/2020, under Sections 498A, 302, 304-B IPC. read with Sections 3, 4 of Dowry Prohibition Act, Police Station-Kakore, District-Bulandshahr.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number because of being father-in-law of the deceased and is languishing in jail since 23.11.2020; he is of no concern with affair of deceased or her husband because of being separate living; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; co-accused mother-in-law has already been granted bail in this very case crime number by the coordinate Bench of this Court in Crl. Misc. Bail Application no. 15079 of 2021; accusation against the applicant is at par; death is owing to asphyxia as a result of throttling; there is multiple abrasions over the neck of the deceased whereas in the F.I.R. it has been said that on very night assault was made by the husband and Dever Omprakash but investigation resulted exoneration of Omprakash; assault was not said to be made by the applicant rather it was said to be made by the husband and Dever Omprakash whereas no ante mortem injury except written in post mortem is there and same is abrasion and asphyxia and the applicant is of no concern with above occurrence; husband is already languishing in jail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that similarly placed co-accused Smt. Chaya Devi has been enlarged on bail by coordinate Bench and the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, it is apparent that applicant is father-in-law and mother-in-law has already been granted bail; specific accusation of giving assault is against the husband and Dever Omprakash; it is not against the applicant.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Udal Singh @ Satish, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.8.2021 Dhirendra/