Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16383 of 2019 Applicant :- Udham Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Mumtaz Ali,Shad Khan Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted by learned counsel for the applicant that first information report of perjury lodged against the applicant on 6.5.2018 with the allegation that the applicant falsely lodged an FIR on 26.3.2016 under Section 498A, 304B, 201 IPC and 3/4 D.P. Act against all the family members of matrimonial house of his daughter-poonam that she had died and her dead body recovered in a canal which was identified by the applicant. Later on, daughter of the applicant recovered alive on 19.62017 by the Gautam Budh Nagar Police. On the direction of this Court in a Habeas Corpus Petition No. 62790 of 2017, this FIR lodge against applicant on 6.5.2018. It is further contended by the learned counsel for the applicant that an FIR of dowry death was lodged by the applicant against all the family members of the matrimonial house of the victim due to suspicion and mistake, applicant who is the father of the victim has wrongly identified a dead body which was recovered on 26.3.2016 in a canal, as his daughter; though after some time, daughter of the applicant came back home in a very bad position. It is further submitted that the applicant's wife had lodged an FIR on 4.7.2018 against the family members of husband of the daughter and other accused persons under Sections 498A, 323, 342, 376-D IPC and 3/4 Dowry Prohibition Act, 1961. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly contended by the learned counsel for the applicant that the applicant is in jail since 23.12.2018 and he is not a previous convict. In case, if the applicant is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned AGA has vehemently opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicant- Udham Singh involved in case crime No. 494 of 2018, under sections 195 IPC, police station Kotwali Nagar, District Bulandshahar, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned on the following conditions that:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2019 AS