Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5780 of 2018 Applicant :- Yashwant Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
This is second bail application moved on behalf of the applicant and first bail application was dismissed for non-prosecution vide order dated 10.1.2018.
It is contended by the learned counsel for the applicant that the applicant is the husband, who was working as Instructor in Junior High School, Saraimeer, Azamgarh and at the relevant point of time he was on his duty when his wife committed suicide by hanging herself, which itself shows that the applicant has been falsely implicated. It is also contended that there is no evidence on record to show that there was any demand of dowry by the applicant and his name or his family members. It is further contended that the wife was suspecting the character of the applicant, thus, she had committed suicide. The mother of the victim had lodged the first information report. It is next contended that the mother and brother of the victim (P.W.1 and P.W. 2), who are important witnesses of fact, have not supported the prosecution version as has been stated in paragraph no.4 of the affidavit accompanying the bail application. It is also contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended that the applicant is in jail since 01.07.2016 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as averments made in the application..
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant Yashwant involved in case crime no. 150 of 2016 under Section 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act police station Saraimeer district Azamgarh be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:
1. shall appear on the date fixed by the trial court;
2. shall not tamper with the prosecution evidence;
3. shall not pressurize the prosecution witnesses.
In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled.
Order Date :- 27.4.2018 Ashish