Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36522 of 2021 Applicant :- Vikas Opposite Party :- State of U.P.
Counsel for Applicant :- Bharti Mishra Counsel for Opposite Party :- G.A.,Sanjeev Kumar Khare
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Sanjeev Kumar Khare, learned counsel for the complainant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 0116 of 2021, under Sections 498A, 304B I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Chandwak, district-Jaunpur and is in jail since 17.6.2021, is seeking enlargement on bail during the trial.
Facts in brief are that deceased was married to Ram Vilas who was subjected to cruelty on account of demand of dowry. On 15.06.2021 she died in her Sasural and FIR was lodged against the husband Ram Vilas and other inmates of his family.
It is submitted by learned counsel for the applicant that similarly placed co-accused Seema ('nanand) and Murari Navik ('nandoi') have already been enlarged on bail by another Bench of this Court vide order dated 13.12.2021 passed in Criminal Misc. Bail Application no. 48334 of 2021, copy of bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant, who is brother-in-law (devar) of the deceased is identical to that of co-accused Seema and Murari who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A., as well as learned counsel for the complainant. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Vikas be released on bail in the aforesaid case on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
Order Date :- 23.12.2021 Faridul