Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14131 of 2019 Applicant :- Yamuna Alias Om Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhu Narain Srivastava,Suresh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He is jeth of the deceased. No specific role has been assigned to him. He himself had informed the parents of the deceased regarding the incident. Referring to the postmortem report, it is submitted that the deceased committed suicide by hanging herself. No cruelty or torture was extended to the deceased on part of the applicant. Applicant is languishing in jail since 18.9.2018 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.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 Yamuna alias Om Prakash involved in Case Crime No.213 of 2018 under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Padri, District Mirzapur 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. Further, before issuing the release order, the sureties be verified.
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 :- 31.7.2019 ss