Heard Sri Javed Khan, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant namely Vishwanath Bind with a prayer to enlarge him on bail in Case Crime No. 78 of 2019, under Sections 498A, 304B, 302 IPC and Section 3/4 Dowry Prohibition Act, 1961, Police Station Nonahara, District Ghazipur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. The FIR was lodged by the mother of the deceased naming accused applicant, who is the husband of the deceased with the allegation that the deceased was married with the applicant one and half year before. The applicant was demanding motorcycle in dowry and on account of non-fulfilment of demand, he used to beat and harass the deceased. He also used to threaten to kill the deceased if his demand is not fulfilled, thereafter, on the fateful day, he burned his wife and daughter, who was only seven years old and on the basis of FIR, investigation was conducted and charge sheet was filed against the applicant. It is further submitted that the trial commenced and in the trial the informant did not support the prosecution version, she was declared hostile. PW-2 Raghupat Bind although supported in the examination-in-chief but specifically he had also cross-examined and he denied his whole statement given to the police recorded under Section 161 Cr.P.C. and expressed his ignorance not only about the incident but about the marriage of deceased with the applicant. He has also submitted that PW-3 has also been examined and he has also been declared hostile. Further submission is that in view of the fact, none of the witnesses examined so far as supported the prosecution case, the applicant deserves to be released on bail. It is further submitted that accused applicant has no criminal history and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 4.6.2019 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet against the accused.
Upon hearing the submissions made by learned counsel of both sides, considering the contention made above, and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 11.1.2021 Mini