Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22017 of 2019 Applicant :- Vivek Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.,Vivek Kumar Sharma Hon'ble Siddharth,J.
Heard learned counsel for the applicant and Sri Vivek Kumar Sharma counsel for the informant, learned A.G.A. for the State and perused the record.
The submission is that there is no material on record to indicate where the incident exactly took place. From the allegation in the FIR it appears that it took place at the house of the parents of the victim. It has been submitted that the applicant has been falsely implicated since no person of the applicant's family will go to the house of the parents of his wife to cause such injury. The applicant is in jail since 18.04.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Vivek, be released on bail in Case Crime No. 522 of 2018, under Sections- 498A/ 307, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- North, District- Firozabad, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.5.2019 Rohit