Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44660 of 2017 Applicant :- Viresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Gufran Ahmad Khan,Nazrul Islam Jafri Counsel for Opposite Party :- G.A.,Umesh Chandra Tiwari
Hon'ble Aniruddha Singh,J.
On 23.5.2019, the case was fixed for hearing as peremptorily. None present on behalf of the complainant even in the revised list/call. Learned A.G.A. is present on behalf of the State.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons including the applicant (husband of the deceased) alleging that marriage of Santosh Kumari was solemnized with Viresh on 1.6.2009. For demand of dowry, they killed the deceased (wife of the applicant) on 11.1.2017. Cause of death was found asphyxia due to hanging. According to report of doctor, hyoid bone was found intact.
Learned counsel for the applicant submitted that due to husband he has been falsely implicated in this case and is languishing in jail since 31.1.2017 (about two years and four months) having no criminal history. Due to heavy work load in trail court, there is no possibility to get this case decided in near future. She had committed suicide herself having three children. Offence under Section 304 I.P.C. is not made out against the applicant because the incident was done after seven years of marriage. There is no independent witness/eye witness account against the applicant. One way he lost his wife and on other way he is languishing in jail since long. To prove the marriage, he filed marriage card, which is at page 34 of the bail application and marriage was solemnized on 1.6.2009. The incident is of 11.1.2017. It is very clear that incident was done after seven years of the marriage. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 the applicant Viresh involved in Case Crime No. 31 of 2017, under Section 498-A, 304-B, 34 IPC and Section 3/4 of D.P. Act, Police Station Mujriya, District-Budaun 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 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2019 OP