Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49245 of 2021 Applicant :- Umesh Opposite Party :- State of U.P.
Counsel for Applicant :- Satish Chandra Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as 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. 137 of 2020 under Sections 498A, 304B, 201, 504 IPC & Section 3/4 of Dowry Prohibition Act, police station Mishrauliya, District Siddharth Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. Applicant is brother-in-law (devar) of victim and he has nothing to do with matrimonial life of victim. The allegation of demand of motorcycle is against husband of victim. It was submitted that the victim has suddenly gone missing and in this regard a missing report was lodged by her husband but later on first informant has lodged FIR making false allegations. Victim has not been recovered so far. Only general allegations have been levelled against all accused persons including applicant and no specific role has been assigned to applicant. It has been stated that in fact victim is residing in Nepal and the FIR has been lodged making false allegations. Further, it was submitted that similarly placed co-accused Vinod, who is also a devar of victim, and Chandrawati Devi, who is mother-in-law, have already been granted bail by co- ordinate Bench of this Court. vide orders dated 25.11.2021 and 08.02.2021 passed in Criminal Misc. Bail Application Nos. 49782 of 2021 and 5068 of 2021. It has further been argued that the applicant is in judicial custody since 08.10.2021, having no criminal history and 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. However, it could not be disputed that similarly placed co-accused have already been granted bail.
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 view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Umesh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local 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 court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.12.2021 Deepak