Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4446 of 2020 Applicant :- Viresh Opposite Party :- State of U.P.
Counsel for Applicant :- Bharat Singh,Gufran Ahmad Khan,Rohit Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that deceased was wedded to applicant prior to one and half years of incident. On 17.9.2019 at about 7 p.m. she committed suicide by hanging.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case. He has not committed any offence. No any injury was found on the person of deceased. No any allegation of demand of dowry has been made by any of the witnesses whose statements were recorded by Investigating Officer. Smt. Guddi who is cousin sister of deceased has also not made any statement regarding demand of dowry by applicant who has stated that her sister (deceased) was of stubborn nature and under that impression she committed suicide. Witness Hariom has also stated before the Investigating officer that there was no demand of dowry with deceased by applicant. There is daughter of applicant aged about eight months, none is there to look after her. Further submitted that deceased was not happy with her marriage with applicant. There was illicit relations with villager which is seen by members of her family, as a result she committed suicide by hanging. In lack of demand of dowry offence under Section 304-B IPC is not made out against him. He is languishing in jail since 18.9.2019, having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and urged that applicant is husband of deceased.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the 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 Viresh involved in Case Crime No. 427 of 2019, under Sections 498-A, 304-B I.P.C. & Section 3/4 Dowry Prohibition Act, P.S. Gunnaur, District Sambhal be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.12.2021 A. Singh