Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39135 of 2015 Applicant :- Vinod Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Adhar Ram,R.L. Varma,Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ram Adhar Ram, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 182 of 2015, u/s 498A, 306 IPC, P.S. Bardah, District Azamgarh with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is the husband of the deceased and his marriage was solemnized with her about 13 years back and two children were also born from the wedlock, who, at the time of incident were aged about 10 years and 6 years. It is argued that according to the prosecution, on account of atrocities being meted out by the applicant and other family members his daughter consumed some poison and committed suicide. Learned counsel however submits that infact on account of matrimonial differences and discord the deceased had committed suicide, there was no occasion for the applicant to have tortured his wife after 13 years of the marriage; He further submitted that statement of the children of the deceased were also not recorded during investigation; learned counsel further pointed out that till now no prosecution witness has been examined and he is in jail since 15.7.2015.
Learned A.G.A. has opposed the prayer for bail and submitted that the applicant is the husband of the deceased and he without informing the police or first informant hurriedly disposed of the dead body. However he could not dispute that the marriage was solemnized about 13 years back and the applicant is in jail for the past more than three and half years.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Vinod involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 Dhirendra/