Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15595 of 2018 Applicant :- Umesh Opposite Party :- State Of U.P.
Counsel for Applicant :- R.L. Varma,Chandra Bhushan Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri Pradeep Kumar, learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against ten accused persons, namely, Raj Kumar, Dalchandra, Munni Devi, Pradeep, Updesh, Mohit, Ramjeet, Umesh, Jalya Devi and Nabhika alleging that Sharda Devi was married with Raj Kumar on 11.02.2010 and they assaulted her for the demand of more dowry, on 10.03.2013 they set her on fire by pouring kerosene oil resultantly she died after five days of the incident; after investigation charge-sheet was submitted against the husband of the deceased and all other accused were summoned under Section 319 Cr.P.C.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the applicant is dewar of the deceased; there is no independent witness against the applicant; in the dying declaration of the deceased specific role of causing death has been assigned against husband of the deceased with the help of some other accused persons; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 13.03.2018 (more than one and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Umesh involved in the Case Crime No. 128 of 2013, under Sections 498A, 304B, 302 I.P.C. and Section 3/4 D.P. Act, P.S. Banda, District Shahjahanpur be released on bail on his executing a personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.4.2018 A. Tripathi