Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13173 of 2021 Applicant :- Umesh @ Chhotu Opposite Party :- State of U.P.
Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit filed by learned counsel for the applicant today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 167 of 2020, under Sections 498-A, 304-B, 120- B IPC & 3/4 D.P. Act, P.S. Dumariyaganj, District Siddharth Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. Applicant is husband of deceased and that their marriage had taken place about one and a half years prior to the incident. It was submitted that the marriage of applicant and deceased was solemnized in a temple and that there was absolutely no question of any dowry demand and in this connection, learned counsel has referred the statement of mediator of marriage, namely, Smt. Sundara Devi as well as Mahant of said temple. It has been further submitted that at the time of alleged incident, applicant was working in Hyderabad and that there is absolutely nothing to show that applicant was harassing the deceased. It was submitted that in fact after her marriage, deceased wanted to live separately from other family members but as the applicant was working in Hyderabad, thus, it was not possible and that deceased has committed suicide due to this reason. It was submitted that family of applicant as well as the parental family of deceased belong to the lower strata of society and the facts of the matter clearly show that there was no question of any dowry demand and that the allegations regarding dowry demand have been made with mala fide intention just to harass the applicant and his family members. In post-mortem report, except ligature mark, no other injury has been shown on the body of deceased and that cause of death has been shown asphyxia due to ante-mortem hanging. It has further been argued that the applicant is languishing in jail since 05.10.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is husband of deceased.
Perusal of record shows that applicant is husband of deceased. It was alleged that in the month of May, 2020 he has gone to Hyderabad to earn his livelihood and thereafter, alleged incident took place on 04.08.2020. It has not been disputed from the prosecution that since several months before the incident, applicant was residing in Hyderabad. It was also shown that the marriage of deceased with applicant has taken place in a temple and no dowry was given in the marriage.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Umesh @ Chhotu involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 6.10.2021 Neeraj