Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49345 of 2018 Applicant :- Veer Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhay Kant Upadhyay,Jai Shanker Upadhyay,Karuna Kant Updhyay,Neelkant Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Veer Pal seeking bail in Case Crime No. 0962 of 2017, under Sections 498-A, 323, 307 I.P.C. and 3/4 D.P. Act, Police.Station- Shikohabad, District-Firozabad.
Learned counsel for the applicant has submitted that the incident is an outcome of matrimonial discord and the applicant is the husband of the victim. The incident is alleged to have taken place on 21.10.2017 however, F.I.R. has been lodged on 27.10.2017, after a delay of more than 6 days.
Learned counsel for the applicant has drawn the attention of the Court to the statement of the victim recorded under Section 164 Cr.P.C. in which she has stated that while she was sitting alone in the room, the door behind her back was opened and somebody threw kerosene oil on her and set her on fire. She in order to save herself ran out where the neighbours doused the fire and she was taken to the hospital. She has further stated that on 20.10.2017, a day before the incident, in the noon, she and her husband were in a perturbed state of mind and had written a suicide note as her family members used to mal-treat them. From the perusal of the said statement, it is evident that the victim has not made any complaint of maltreatment against her husband and he is wholly innocent as such prima facie a case for bail is made out.
It is lastly submitted that the applicant is in jail since 27.11.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial. He has next submitted that the applicant is serving in Indian Army and there is no chance of his fleeing away from the judicial process or tampering the witnesses.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Veer Pal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 sweta