Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2849 of 2019 Applicant :- Vijay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Vijay Singh, who is involved in Case Crime No.348 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Kotwali Fatehgarh, District Farrukhabad, is seeking enlargement on bail during the trial.
It has been submitted by learned counsel for applicant that applicant is father-in-law of the deceased and no specific role has been assigned to his except the general role attributed to each of the accused for demand of dowry and harassment with regard to it. The cause of death could not be ascertained; viscera is preserved; there is mark of abrasion and contusion over the arm and abdomen; the report is still awaited. The accused-applicant was living separately from deceased.
Learned A.G.A. vehemently opposed the prayer for bail.
The co-accused Smt. Kajul Devi has already been enlarged on bail in this case crime number vide order dated 25.09.2018, passed in Criminal Misc. Bail Application No. 35913 of 2018. Similarly, another co-accused, namely, Munni Devi @ Shakuntala Devi has also been enlarged on bail by this Court vide order dated 8th January, 2019 passed in Criminal Misc. Bail Application No. 47678 of 2018. The present accused-applicant is father-in-law; he is said to have been living separately and is having no criminal antecedents to his credit. The cause of death could not be ascertained in autopsy examination report, hence viscera is preserved; two injuries of minor nature i.e. abrasion and contusion are over the person of deceased.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Vijay Singh be released on bail in Case Crime No.348 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Kotwali Fatehgarh, District Farrukhabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
(Rajeev Misra, J.) Order Date :- 22.1.2019 Sushil/-