Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4024 of 2019 Applicant :- Vindhyavasini Tripathi And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against Birendra Tripathi, Kapil Dev Tripathi, Vindhyasini Tripathi and Mahendra Tripathi alleging that Rekha Tripathi(sister of complainant) was married in the year 2000 with Birendra Tripathi but for demand of dowry on 5.10.2016 at 3 P.M. they killed her. According to post mortem report, cause of death could not be ascertained, hence viscera was preserved. According to report of Forensic Science Laboratory, poison(B.D.D.B.P Insecticide) was found in viscera.
It is submitted by learned counsel for the applicants that applicant No.1 and 2 are mother-in-law and brother-in- law(dewar) respectively. They are languishing in jail since 4.12.2018(about two months) having no criminal history. They have been falsely implicated. They have no concern with the crime. Co-accused Kapil Dev Tripathi has already been granted bail by coordinate Bench of this Court vide order dated 23.1.2019 passed in Criminal Misc. Bail Application No.2362 of 2017 (Bail order is at page 70-A to the bail application), applicants' case is identical to him and they are entitled to bail on the ground of parity. No specific role is assigned to the applicants. General role has been assigned to all the accused. Applicant No.1 is 60 years of age . There is no independent witness. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants. He admitted that the applicants have no criminal history and their case is identical to aforesaid co- accused who has been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let applicants Vindhyavasini Tripathi and Mahendra Tripathi involved in Case Crime No.428 of 2016, under Section 498-A, 304, 323 IPC and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Gorakhnath, District Gorakhpur 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 :- 29.1.2019 P.P.