Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7087 of 2018 Applicant :- Vishal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Gupta,Umesh Nandini Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Vishal in connection with Case Crime No. 0591 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kankarkhera, District Meerut.
Heard Sri V.P. Shukal, Advocate holding brief of Sri Rakesh Kumar Gupta, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Vivek Dubey, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the brother-in-law (Devar); that though in the FIR the allegations are specifically directed against the husband and the applicant alone, the allegation against the applicant is that he attempted to ravish the deceased; that he had throttled her to death are sans any evidence whatsoever; that there is no evidence of an attempted rape collected during investigation; that a perusal of the post-mortem report which has been placed before the Court as part of the case diary shows that the cause of death is Asphyxia on account of hanging and further the hyoid bone has not been found to be fractured; that in view of the aforesaid the allegations against the applicant that he had throttled her to death is nothing but a figment of imagination; that it has further been submitted that the deceased committed suicide after her return from Jharkhand on account of the fact that she had quarrelled with her husband over going to her parents place which the husband of the deceased declined as asserted in paragraph no. 21 of the affidavit; that the husband is already in jail; that the five witnesses of fact have been examined of whom four are formal; and, that the applicant is a respectable man with no criminal history who is in jail since 09.08.2017.
Learned AGA has opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in the four walls of her matrimonial home with a background of dowry demand. However, learned AGA does not dispute the fact that the cause of death as recorded in the post-mortem report is not consistent with a case of throttling as mentioned in FIR.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship of the applicant to the deceased who is the brother-in-law but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Vishal involved in Case Crime No. 0591 of 2017 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kankarkhera, District Meerut be released on bail on 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.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 23.2.2018 Deepak