Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15206 of 2018 Applicant :- Vimal Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Manish Tiwary, learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against two accused persons, namely, Veena Mishra and Vimal Mishra alleging that Rachana Mishra was married with Sumit Mishra in April 2007; Veena Mishra and Vimal Mishra tortured deceased Rachna Mishra for demand of more dowry and on 24.12.2017 they set her on fire who resultantly died.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; in suicide note of deceased Rachna Mishra she stated that she herself committed suicide, nobody is responsible for her death; the copy of suicide note is annexed as Annexure-4 of the bail application; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 04.01.2018 (more than three months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 applicant Vimal Mishra involved in the Case Crime No. 2561 of 2017, under Sections 498A, 302 I.P.C., P.S. Ram Chandra Mission, District Shahjahanpur be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 24.4.2018 P.P.