Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21409 of 2021 Applicant :- Vikas Bhatt Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is brother- in-law (Dewar) of deceased and he has not committed any offence. Only general allegations have been made against all the accused persons. Regarding the applicant, in the FIR, merely it was alleged that other co-accused persons used to talk with applicant on phone and they were making plan to eliminate the deceased, but the said allegation is thoroughly false and improbable and in fact applicant was residing in Mumbai. The applicant was not going to be benefited by fulfillment of any dowry demand. It was stated that though, the cause of death of deceased has been shown asphyxia due to ante-mortem strangulation and throttling but there is absolutely no evidence to show the involvement of applicant in causing death of deceased. It was further submitted that co-accused Vanshidhar, who is father-in-law of deceased, has already been granted bail by co-ordinate Bench of this Court vide order dated 03.09.2021, passed in Criminal Misc. Bail Application No. 16091 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 15.02.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vikas Bhatt involved in Case Crime No. 316 of 2020, under Sections 498-A, 304-B, 120-B, 352, 504 IPC and Section 3/4 D.P. Act, P.S. Bansi, District Siddharth Nagar, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 6.10.2021 A. Tripathi