Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28129 of 2017 Applicant :- Ved Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- P.K. Singh,Ashok Kumar Pandey,S.P.S. Chauhan Counsel for Opposite Party :- G.A.,J.P.S.Jadaun
Hon'ble Sudhir Agarwal,J.
1. Heard Sri S. P. S. Chauhan, learned counsel for applicant and learned A.G.A. for State.
2. This bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.400 of 2016, under Sections 498-A, 304-B, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station-Sasni Gate, District-Aligarh.
3. Learned counsel for applicant contended that during trial Informant Indrajit Sharma (PW-1) himself has stated that his daughter committed suicide by hanging herself. Same statement has been given by brother, Nitish Mishra (PW- 2) and mother, Smt. Lata Devi (PW-3) of deceased. They have also said that there was no demand of dowry etc, hence not supported the FIR version. Applicant has no criminal history. Applicant is in jail since 06.09.2016. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Ved Prakash involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 31.7.2019 Manish Himwan