Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56352 of 2019 Applicant :- Umesh Opposite Party :- State of U.P.
Counsel for Applicant :- Ganesh Shanker Srivastava,Deepak Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ganesh Shanker Srivastava, learned counsel for the applicant; as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Umesh with a prayer to release him on bail in Case Crime No. -0079 of 2019, under Sections -498- A, 326 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station -Shohratgarh, District -Siddharth Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of cruelty and causing grievous hurt, punishable with imprisonment upto life;
(ii) against FIR lodged on 03.04.2019, the applicant is in confinement since 22.05.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that though general allegation was made in the FIR, however, in her statement recorded under Section 161 Cr.P.C., the allegation of causing the burn injury has been made against the co-accused but not against the applicant who is the husband. The only allegation made against the husband is of minor assault;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 S.Chaurasia