Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20642 of 2019 Applicant :- Veer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is the second bail application. First bail application was dismissed as withdrawn by this Court.
According to prosecution case, F.I.R. was lodged on 18.9.2016 against seven accused persons, namely, Babloo, Veer Singh, Usha Devi, Bhagwan Das, Rinku, Jagat Singh and Amarpal Singh alleging that sister of the complainant Lakshmi Devi was married with Babloo on 24.2.2014. For demand of Rs.two lac, they assaulted her and she was missing from 6.9.2016. It is expected that for demand of dowry, they assaulted her and disappeared her. She was not recovered till date. After investigation, charge-sheet was submitted under Sections 364, 323, 498A, 120B I.P.C. and Section 3/4 of D.P. Act against the applicant (husband).
Learned counsel for the applicant submitted that applicant is father-in-law and he lodged the missing report of Lakshmi Devi on 9.9.2016. She was a girl of free mind and having some affairs with other persons hence she left the house. The applicant is aged about 78 years of old person and is languishing in jail since 31.3.2017 (about two years and two months) having no criminal history. Due to heavy work load in trail court, there is no possibility to get this case decided in near future. There is no legal evidence against the applicant. He is living separately with his son/husband. He is also languishing in jail since long. There is no independent witness/eye witness account against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 Veer Singh involved in Case Crime No. 575 of 2016, under Section 364, 323, 120-B, 498-A IPC and Section 3/4 of D.P. Act, Police Station Civil Lines, District-Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 30.5.2019 OP