Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26092 of 2021 Applicant :- Yashwant Singh Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Vinod Kumar Srivastava
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, who is involved in Case Crime No.204 of 2021, under Sections 498-A and 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Tirwa, District-Kannauj, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the informant Shiv Kumar against the present applicant and three co-accused persons. It has been alleged in the F.I.R. that the complainant performed marriage of his daughter Archana with co-accused Sunil Kumar Rajpoot on 28.04.2017 according to Hindu Custom and Rites and had given dowry but in-laws of the deceased were not happy with the dowry. They were demanding additional dowry and harassing the daughter of the complainant in connection with additional demand of dowry. It has further been mentioned in the F.I.R. that daughter of the complainant was done to death on 11.05.2021 by her in-laws. Daughter of the complainant died due to hanging in her matrimonial house.
Learned counsel for the applicant submitted that the applicant is father-in-law of the deceased. General allegations have been leveled against all the accused persons. He further submitted that co-accused sister-in-law and mother-in-law of the deceased namely Km.Upasana Devi @ Rekha and Smt. Prema Devi have already been granted anticipatory bail vide order dated 21.06.2021 passed in Criminal Misc. Anticipatory Bail Application No.11659 of 2021.
He lastly submitted that the applicant, who is in jail since 14.05.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Yashwant Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.18 13:05:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad